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Indiana Stalking Laws

Most of us don’t mind a little extra attention from time to time. But what about unwanted contact that starts to feel threatening or dangerous? Fortunately, the Hoosier State has laws designed to protect citizens from stalkers. This is a brief introduction to stalking laws in Indiana.

Stalking Statutes in Indiana

State laws regarding stalking will differ depending on where you live. The chart below highlights some of Indiana’s anti-stalking statutes.

Code Section

35-45-10-1, et seq.

Stalking Defined as

Knowing or intentional conduct with repeated acts that would cause reasonable person to feel terrorized, frightened or threatened and that actually causes such feelings.

Punishment/Classification

Class D felony. Class C felony if at least one of the following applies: (1) a person stalks and makes threat with intent to place victim in reasonable fear; or (2) court issued order to protect same victim(s) and perpetrator has actual notice of order; or (3) a criminal complaint of stalking pending in court and perpetrator has actual notice of complaint. Class B felony if: the act(s) were committed with deadly weapon or perpetrator has unrelated conviction for an offense against same victim(s)

Penalty for Repeat Offense

See Class C felony classification.

Arrest or Restraining Order Specifically Authorized by Statute?

-

Constitutionally Protected Activities Exempted?

Yes

Generally, stalking is defined as the unwanted pursuit of another person. This can include following a person, showing up at a person's home or workplace, making harassing phone calls, leaving written messages or other objects, or even vandalizing a person's property. By definition, these actions must continue over time to constitute stalking.

In most cases, the perpetrator’s actions will be considered in connection with other actions to determine if someone is being stalked. Repeated harassing or threatening behavior toward another person, will be analyzed in the context of whether the aggressor is a total stranger, slight acquaintance, current or former intimate partner, or anyone else.

Sadly, many stalking cases coincide with incidents of domestic violence, as a considerable number of stalkers were once in romantic relationships with the people they are stalking. Whether or not you are familiar with someone who may be stalking you, Indiana offers multiple kinds of protective orders for victims to keep their stalkers away.

Related Resources for Stalking Laws:

Being stalked can be a frightening experience. If you would like legal assistance with a possible stalking case, you can contact an experienced criminal law attorney in your area to schedule a consultation. For more introductory information, you can visit FindLaw’s sections on Domestic Violence and Criminal Charges.

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