STALKING/CYBERSTALKING

What is stalking? | Stalking in the physical world | Protecting yourself in the physical world | Stalking in CyberSpace | Protecting yourself in CyberSpace | Resources | Stalking vs. CyberStalking | Federal and Georgia laws

Stalking
Stalking, according to the US Department of Justice, involves harassing or threatening behavior that an individual engages in repeatedly, such as following a person, appearing at a person's home or place of business, making harassing phone calls, leaving written messages or objects, or vandalizing a person's property. It is any communication or behavior that causes emotional distress, such as being afraid for your safety. Stalking is illegal in Georgia, even if an overt threat of death or bodily injury has not been made. Whether or not a stalker makes a threat has no bearing on whether or not he/she poses a threat.

Stalking in the physical world
The following information was taken from The Anti-Stalking website, www.antistalking.com.

Types of stalkers:

The intimate partner stalker is the person who refuses to believe that the relationship has ended. Intimate partner stalkers are not sympathetic, lonely people who are hopelessly in love, but are emotionally abusive and controlling to those with whom they had intimate relationships.

There is no reasoning with intimate partner stalkers. When a victim says, "I don't want a relationship now," the stalker hears, "She/he will want me again tomorrow." When a victim says, "I just need some space," the stalker hears, "If I let her/him go out with friends, she/he will come back." When a victim says, "It's just not working out," the stalker hears, "We can make it work out." The ONLY thing to say to a stalker is "No." Do not offer explanations for your behavior, do not set time limits for encounters, and do not give the stalker any room to maneuver.

Say no once and only once, and then never say anything to the stalker again. If a stalker cannot have a victim's love, he/she will settle for the victim's hatred and/or fear. The worst thing for an intimate partner stalker is to be ignored, therefore negative attention is better than no attention. Intimate partner stalkers truly believe "she/he loves me," and any evidence to the contrary is seen as an inconvenience to overcome.

The delusional stalker is one who has had little, if any, time with his/her victim. Delusional stalkers may have major mental illnesses such as schizophrenia, manic-depression, or erotomania. All labor under a false belief that keeps them intimately bound to their victims. Erotomaniac stalkers believe that the victim is in love with him/her and they are having a relationship, even though they may have never met. Other delusional stalkers believe that they are destined to be with someone, and if they pursue the person long enough, love is inevitable. These stalkers know that they are not having relationships with their victims, but believe that one day they will.

The profile of a delusional stalker is that of an unmarried and socially immature loner, who is unable to establish or maintain relationships with others. Delusional stalkers rarely date and have had few, if any, sexual relationships. They are more likely to be men than women. They are likely to pick victims who are unattainable in some way including their doctor(s), teacher(s)/professor(s), or someone who is married. Those in helping professions are vulnerable to delusional stalkers because the kindness shown is blown out of proportion and into delusions of intimacy. What cannot be attained through reality is achieved through fantasy. To a delusional stalker, an imaginary love is better than no love at all.

Delusional stalkers are the most tenacious, their behavior lasting an average of ten years. This length of time is possible as the stalker consistently rationalizes his/her victim's behavior. For example, when the victim says "no," the stalker rationalizes it away believing "her husband made her get that restraining order, she really loves me."

The vengeful stalker is not motivated by love but by vengeance. Vengeful stalkers are angry with their victims over some slight, real or imagined. In college and university communities, vengeful stalkers are likely to target members of the faculty/staff. Some of these stalkers are psychopaths, while some are delusional and truly believe that they are the victims. Vengeful stalkers stalk to get even.

Intimate partner stalkers and delusional stalkers can become vengeful stalkers for a variety of reasons including, the victim's procurement of a restraining/protective order, or the victim's marriage.

Phases of stalking:

• Obsession. The stalker becomes enamored of his/her victim.
• Information gathering. The stalker gathers information about his/her victim from family, friends, co-workers, and various surveillance operations.
• Harassment. The stalker participates in either positive or negative harassment of the victim. Positive harassment includes sending the victim gifts, such as flowers or candy. Negative harassment includes making threats or killing the victim's pet(s).
• Violence (extermination). The stalker commits physical or sexual violence against the victim, which can lead to murder.

Protecting yourself in the physical world
Basic precautions:

• Get a dog. Dogs are not only companions, but are also effective alarm systems.
• Block your address at the Department of Motor Vehicles and the Voter Registration Office. If your information is not blocked, anyone can retrieve it just by asking.
• Never give out your home address, or your telephone or cell phone number(s). Get a Post Office Box and use it for all correspondence.
• Destroy all mail you plan to discard.

If you are being stalked:

• Tell the stalker no once and only once. The more you respond, the more he/she realizes that his/her actions elicit a response.
• Document everything, even if you are not sure you want to take the legal route - you may change your mind. Save answering machine tapes, voice mail messages, text messages, letters, gifts, etc. Keep a log of all suspicious occurrences.
• Have co-workers screen all calls and visitors.
• Don't accept packages unless you ordered them or you are expecting a package from family members or friends.
• Install a locking gas cap that is only accessible from inside your car.
• Get a cell phone and keep it with you at all times - even when inside your house.
• If you are in your car and you believe you are being followed, make four right hand turns in succession. If the car continues to follow you, drive to the nearest police station or well-lit public place. If you believe you are being followed never go home or to a friend's house.
• Consider moving, if your case warrants it.
• Don't be embarrassed by your situation. Shame is a stalker's best weapon. Tell your family members, friends, co-workers, neighbors, classmates, etc. that you are being stalked so when the stalker approaches those who are close to you for the purpose of gathering information about you, they will know to ignore his inquiries and inform you of his actions immediately.
• Consider filing for a restraining/protective order. Research how these orders are enforced in your area, and contact local violence prevention organizations before you make a decision.

Stalking in cyberspace
CyberStalking is, according to the US Department of Justice, using the Internet, e-mail, or other electronic communications devices to stalk another person. Harassment via the Internet may seem harmless and less frightening than physical world harassment, but it can become dangerous. The Internet has no boundaries, therefore CyberStalkers can find potential victims, access their personal information, and harass them, while retaining their anonymity and relinquishing responsibility for their actions.

Motives of CyberStalkers
In many cases, the cyberstalker and the victim have had a prior relationship and the cyberstalking begins when the victim attempts to end the relationship. However, given the enormous amount of personal information available via the Internet, strangers can easily locate "private" information about a potential victim.

• Sexual harassment is the most common form of CyberStalking. Women are more likely than men to be victims. Victims receive unsolicited private messages in any chat forum that, for example, are derogatory toward women in general.
• Love obsessions sometimes start in real life and carry over into cyberspace, but they also develop from online romances. Some CyberStalkers enjoy breaking hearts as a pastime, while others are truly interested in love but live in a fantasy world where they become highly possessive. Once they realize the fantasy cannot come true, they begin sending death threats to their victims.
• Hate/revenge vendetta CyberStalkers begin their harassment disguised as a flame war, or verbally abusive dialogue. These CyberStalkers are rude, obnoxious, and have no problem hurling their obscene remarks at others. They are empowered by their anonymity and will not let go.
• Power/ego CyberStalkers have nothing against you at all. They are just showing off their technological skills at your expense.
• Pedophile CyberStalkers contact children in chat rooms, posing as teenagers or children of similar ages. They become friendly with potential victims until they gain their confidences. They begin sending pornographic images to their victims, extracting personal information from their victims, and attempting to set up a meeting with their victims, which the pedophile expects will lead to sexual activity.

Types of CyberStalking
A CyberStalker may send repeated, threatening, or harassing messages with the simple push of a button. More sophisticated CyberStalkers (power/ego) use programs to send messages at regular or random intervals without being physically present at the computer terminal.

• E-Mail CyberStalking includes attempts to initiate a relationship, repair a relationship, or threaten and traumatize a person. Unsolicited e-mail is the most common form and includes hate, obscene, or threatening mail, sending the victim computer viruses, or sending high volumes of electronic junk mail. The last two do not alone constitute stalking unless they are sent in a manner designed to intimidate.
• Internet CyberStalking is used to slander and endanger victims, taking on a public rather than private dimension. Harassment includes hacking, spoofing, the use of spy ware, and the use of offensive content such as pornographic images and e-mail bombs. A stalker will visit a chat room pretending to be his/her victim or post information about his/her victim on a bulletin board. The information most often contains the victim's name, address, and telephone number, and a message inviting strangers to join in sexual activity. Internet CyberStalkers can follow their victims from place to place on the Internet, and can build and maintain websites dedicated to their victims, encouraging visitors to participate in degrading and harassing her/him. This type of CyberStalking is most likely to become physical world stalking.
• Computer CyberStalkers can assume control of their victims' computers. This stalker will be able to communicate directly with his/her victim as soon as the victim connects to the Internet. Changing your Internet address and/or your Internet Service Provider are the only ways to get rid of this type of stalker.

Protecting yourself in cyberspace
Basic precautions on the Internet:

• Be very careful to whom you give your personal information.
• Be very careful where you post information.
• Use a nonsense password that has no reference to you; change your password frequently; never divulge your password.
• Use gender and age neutral comments.
• Do not post personal information as part of user profiles.
• Check websites that provide information about people to see what information is available about you (e.g. www.peoplefinders.com ). Request that all entries about you be deleted or edit them to show only a Post Office Box and a bogus telephone number. Visit a Meta search engine ( www.google.com ) and search your name for information about you.
• Do not give out credit card numbers in a non-secure environment. If you are making a purchase through a website, read the company's security policy before you buy.

If you are being CyberStalked:

• Make it clear to the stalker that you do not want any contact. Provide this information only once.
• Report the incident to the system administrator of both your Internet Service Provider (ISP) and, if you know, the ISP of the stalker/harasser.
• Report the incident to your local law enforcement agency.
• Document everything. Make copies of all correspondence sent to you. Do not edit or alter the information in any way.
• Consider blocking or filtering messages from the stalker. Chat room contact can be blocked. In situations where threats of violence have been made, save the information and contact law enforcement.
• Clear out history information.
• Use an alias in chat rooms, as most chat rooms have archives that can be accessed later by anyone.
• Change your internet/e-mail address.
• Consider changing your ISP.

Resouces
Working to Halt Abuse Online (WHO@) www.haltabuse.org
CyberAngels www.cyberangels.org
Get Net Wise www.getnetwise.org
Privacy Rights Clearinghouse www.privacyrights.org
National Center for Victims of Crime www.ncvc.org
National Domestic Violence Hotline 1-800-799-SAFE (7233); 1-800-787-3224 (TDD)
National Sexual Assault Hotline 1-800-656-HOPE (4673)

Stalking vs. Cyberstalking
Physical world stalking shares important characteristics with CyberStalking.

Similarities:

• Majority of cases involve stalking by former intimate partners, although stranger stalking occurs both in the physical world and in CyberSpace.
• Most victims are women and most stalkers are men.
• Stalkers in both mediums are motivated by a desire to control their victims, and both are willing to engage in similar behaviors to accomplish this end.

Differences:

• Physical world stalking (generally) requires that both the victim and perpetrator be located in the same geographic area. CyberStalkers may be geographically located across the street, across the country, or on the other side of the world.
• Electronic communications technologies make it easy for CyberStalkers to encourage third parties to participate in harassing and/or threatening the victim.
• Electronic communications technologies lower the barriers to harassment. A CyberStalker does not need to physically confront the victim.

Fedaral Law

Stalking
TITLE 18 > PART I > CHAPTER 110A
§2261A. Interstate stalking
Whoever -
(1) travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury to, that person, a member of the immediate family (as defined in section 115) of that person, or the spouse or intimate partner of that person; or
(2) With the intent-
(A) to kill or injure a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or
(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death of, or serious bodily injury to-
(i) that person;
(ii) a member of the immediate family (as defined in section 115) of that person; or
(iii) a spouse or intimate partner of that person, uses the mail or any facility of interstate or foreign commerce to engage in a course of conduct that places that person in reasonable fear of the death of, or serious bodily injury to, any of the persons described in clauses (i) through (iii)

CyberStalking
There is not per se federal CyberStalking legislation but there are federal laws that have been expanded to give the federal government some power to prosecute CyberStalkers. These laws include:

18 U.S.C. §875(c) Interstate communications
Whoever transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined (up to $250,000) under this title or imprisoned not more than five years, or both.

47 U.S.C. §223(a) Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications - Communications Decency Act of 1996
(a) Prohibited acts generally
Whoever -
(1) In the District of Columbia or in interstate or foreign communication by means of telephone -
a. Makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy, or indecent;
b. Makes a telephone call, whether or not a conversation ensues, without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at the called number;
c. Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or
d. Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number; or
(2) knowingly permits any telephone facility under his control to be used for any purpose prohibited by this section, shall be fined not more than $50,000 or imprisoned not more than six months, or both.

Violence Against Women Act, 2000
The Interstate Stalking Law was amended in 2000 by the Violence Against Women Act (VAWA), which addressed cyberstalking, criminalizing the use of the mail or any facility of interstate or foreign commerce to engage in a course of conduct that places the victim in reasonable fear of death or serious bodily injury to themselves, their immediate family, or their spouse or intimate partner. This statute applies to cases where the stalker lives in one state and the victim in another, and the victim is in fear of being injured and/or killed. If the cyberstalker travels across state lines, VAWA now gives the authority to prosecute stalkers who cross state lines with not only the intent to harass and/or injure, but also with the intent to intimidate and/or kill.

Georgia Law

Stalking - §16-5-90
A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. The term contact shall mean any communication including communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or by any other electronic device; and the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall the place or places where such communication is received. Place or places includes any public or private property occupied by the victim other than the residence of the defendant. Harassing and intimidating means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such a person in reasonable fear for such person's safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose.

A person who commits the offense of stalking is guilty of a misdemeanor. Upon the second conviction and all subsequent convictions, for stalking, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than 10 years.

Aggravated Stalking - §16-5-91
A person commits the offense of aggravated stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, good behavior bond, or permanent injunction or condition of pre-trial release, condition of probation or condition of parole in effect prohibiting behavior described in this subsection, follows, places under surveillance, or contact another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.

Any person convicted of a violation...shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 10 years and by a fine of not more than $10,000.00.