Stalking

Under Oklahoma law, you may be criminally charged for stalking if you maliciously or willfully threaten, intimidate or frighten someone on a repeated basis. Stalking is closely tied to the crimes of harassment and making a threat of violence; however, under our state’s statutes, you may face separate charges for one or more of these offenses depending on the circumstances of the case.

Stalking is when a person willfully, maliciously and repeatedly harasses or follows a person so that a reasonable person or immediate family members to feel frightened, threatened, harassed or molested.

Stalking is a felony that carries up to three years in prison and/or fine up to $3000.  Repeated offense increase the punishment.  If the person accused of stalking is subject to a protective order, the punishment also increases

 "Course of conduct" means a series of two or more separate acts over a period of time, however short or long, evidencing a continuity of purpose, including any of the following:

a.  maintaining a visual or physical proximity to the victim,

b.  approaching or confronting the victim in a public place or on private property,

c.  appearing at the workplace of the victim or contacting the employer or coworkers of the victim,

d.  appearing at the home of the victim or contacting the neighbors of the victim,

e.  entering onto or remaining on property owned, leased, or occupied by the victim,

f.  contacting the victim by telephone, text message, electronic message, electronic mail, or other means of electronic communication or causing the telephone or electronic device of the victim or the telephone or electronic device of any other person to ring or generate notifications repeatedly or continuously, regardless of whether a conversation ensues,

g.  photographing, videotaping, audiotaping, or, through any other electronic means, monitoring or recording the activities of the victim.  This subparagraph applies regardless of where the act occurs,

h.  sending to the victim any physical or electronic material or contacting the victim by any means, including any message, comment, or other content posted on any Internet site or web application,

i.  sending to a family member or member of the household of the victim, or any current or former employer of the victim, or any current or former coworker of the victim, or any friend of the victim, any physical or electronic material or contacting such person by any means, including any message, comment, or other content posted on any Internet site or web application, for the purpose of obtaining information about, disseminating information about, or communicating with the victim,

j.  placing an object on or delivering an object to property owned, leased, or occupied by the victim,

k.  delivering an object to a family member or member of the household of the victim, or an employer, coworker, or friend of the victim, or placing an object on, or delivering an object to, property owned, leased, or occupied by such a person with the intent that the object be delivered to the victim, or

l.  causing a person to engage in any of the acts described in subparagraphs a through k of this paragraph.

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Penalties for Stalking

Stalking is charged as a misdemeanor if it is a first offense; the maximum punishment is one year in jail. However, if you have prior convictions of stalking on your record, are on probation for a similar offense or are found to be in violation of a protective order, you could be facing a felony charge. In these cases, you could be punished with a sentence of up to five years in prison.

Call the Hunsucker Legal Group at (405) 544-2992 to schedule a free, no-risk case consultation today.