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Delaware Stalking Laws

More Information on Stalking Laws

Code Section Tit. 11 §1312A
Stalking Defined asAny person who intentionally engages in a course of conduct directed at specific person which would cause a reasonable person to fear physical injury to himself, to a friend/associate, to family member, to a member of his/her household, or to third person and whose conduct induces such fear. (1312A(a))
Punishment/ClassificationIf commit the crime of stalking by engaging in a course of conduct which includes any act(s) prohibited by a then-existing court order or sentence, shall be sentenced minimum of 6 months. (1312A(f)); Stalking is a Class A misdemeanor, unless conduct induces fear in victim, then Class F felony; or unless perpetrator is 21 or older and victim is under 14, then Class F felony; or unless conduct induces threat of death or serious physical injury, then Class D felony; or perpetrator possesses deadly weapon during act and induces fear in victim, then Class C felony
Penalty for Repeat Offense If convicted of stalking within 5 years of prior conviction, shall receive minimum 1 year sentence (1312A(g))
Arrest or Restraining Order Specifically Authorized by Statute?No
Constitutionally Protected Activities Exempted?No. Lawful picketing is an affirmative defense; also conduct that occurs in furtherance of law enforcement activities or to private investigators, security officers or private detectives. (1312A(c) and (d))

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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