Stalking- what is it according to the laws?

I've talked about how private detectives can be booked for stalking if they stake-out and tail people wrong. If you tail someone like detectives from noir movies your fictional investigator can get picked up for stalking, and the fictional police will laugh at your private investigator for their stupidity. What is considered stalking by law? Do you actually know? No matter what people claim it is, here are the facts when it comes to the actual (Ohio) laws.

Private Detectives (PIs) can be picked up because someone is scared and perceives a PI driving by their home or office as a threat. Tailing too obviously, and too often, has the same effect and therefore the police can pick up your fictional PI and put them in jail.

The laws on stalking/menace by stalking say that there is perceived threat (much like self-defense laws) of physical or mental harm. There is also a pattern of malicious behavior with the intention of intimidation. This can be cyber, too. Cyber is connected with sexual situations, commonly, and inciting someone to stalk/intimidate with a post or message of any kind is also menace by stalking.

The results of Stalking/Menace by Stalking

People can put in a civil protection order against someone who allegedly stalked them. To do this they can't be married to the person the order is against.  Civil protection orders state that the other person can't be within 500 feet of whoever filed the order. Breaking this order has penalties to the alleged stalker.

The first case of Menace by Stalking results in a misdemeanor in the first degree, and a second case makes it a felony of the fourth degree.

A case can be a felony of the fourth degree under these 9 circumstances (all except two apply to the alleged stalker):

-not the first time   -direct threat of physical harm  -trespassing  -the victim was a minor (under 18)
-history of violence -had a weapon -broke protection order  -prior to, was a danger to self or others
 -victim suffered harm on their own property at the hands of the stalker

What this means for  your fictional characters

As you can probably see, most stalking is involved with domestic abuse and domestic violence. As mentioned earlier, most cyberstalking has "sexual motivation", which is defined as a desire to satisfy sexual desires and needs, particularly for the offender.  For your fictional PI, or fictional character in general, they may fit the legal definition of a stalker, or not.

Given that most people don't know these legal definitions, "stalking" can be a term that is thrown around carelessly. "Facebook stalking", looking through people's profiles out of curiosity or boredom, is a term our society has used quite often, but legally if you tried to accuse someone of this it wouldn't hold water. Check me on that if you want. I personally think it wouldn't fit this definition because the malicious intent is, most likely, not there.

Your fictional characters, whether villains, heroes, victims, or wrongly accused neighbors, will be impacted by what you know about the law, especially in courtroom situations, so please check my facts. I invite you to correct me if I get something wrong. I aim to arm writers with correct information.


As always, comment what you want to know!