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Federal and State Laws: Stalking – Georgia
Stalking Laws
Stalking
Stalking occurs when someone, for the purpose of harassing or intimidating the target,
repeatedly:
• follows the target or places the target under surveillance
• contacts the target in person or by other means (including electronic communications)
without consent
• makes public the target's image or personal information without consent
• causes fear for the personal safety of the target or a member of the target's family
Some common stalking behaviors are following the target, repeatedly making phone calls or
texting, or delivering gifts. While each of these acts alone may seem noncriminal and
nonthreatening, it's the pattern and context of the acts that make them a crime. When a person
commits these actions in violation of a protective order, they may be guilty of aggravated
stalking which carries a stronger punishment.
Harassment
Harassing communication involves the use of any kind of electronic communication to
repeatedly harass, molest, threaten, or intimidate another person or that person's family.
A person can be found guilty of harassing communications in the county where the
communication was sent from or where it was received.
Statutes
Georgia Law
Stalking Statutes
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Resources
Georgia Code
Title 16 CRIMES AND OFFENSES
Chapter 5 CRIMES AGAINST THE PERSON
Article 7 STALKING
16-5-90. Stalking; psychological evaluation
(a)
(1) 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. For the purpose of this article …
[Content omitted for clarity], the term "contact" shall mean any communication including without
being limited to 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 be the place or places where such communication is received. For the
purpose of this article, the term "place or places" shall include any public or private property
occupied by the victim other than the residence of the defendant. For the purposes of this
article, the term "harassing and intimidating" means a knowing and willful course of conduct
directed at a specific person which causes emotional distress by placing such 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. This Code section shall not be construed to require that an overt threat of
death or bodily injury has been made.
(2) A person commits the offense of stalking when such person, in violation of a bond to keep
the peace … [Content omitted for clarity], standing order … [Content omitted for clarity],
temporary restraining order, temporary protective order, permanent restraining order,
permanent protective order, preliminary injunction, or permanent injunction or condition of
pretrial release, condition of probation, or condition of parole in effect prohibiting the harassment
or intimidation of another person, broadcasts or publishes, including electronic publication, the
picture, name, address, or phone number of a person for whose benefit the bond, order, or
condition was made and without such person's consent in such a manner that causes other
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means, without permission. © Vector Solutions. All rights reserved.
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persons to harass or intimidate such person and the person making the broadcast or publication
knew or had reason to believe that such broadcast or publication would cause such person to
be harassed or intimidated by others.
(b) Except as provided in subsection (c) of this Code section, a person who commits the offense
of stalking is guilty of a misdemeanor.
(c) 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 ten years.
(d) Before sentencing a defendant for any conviction of stalking under this Code section or
aggravated stalking under Code Section 16-5-91, the sentencing judge may require
psychological evaluation of the offender and shall consider the entire criminal record of the
offender. At the time of sentencing, the judge is authorized to issue a permanent restraining
order against the offender to protect the person stalked and the members of such person's
immediate family, and the judge is authorized to require psychological treatment of the offender
as a part of the sentence, or as a condition for suspension or stay of sentence, or for probation.
16-5-91. Aggravated stalking
(a) A person commits the offense of aggravated stalking when such person, in violation of a
bond to keep the peace … [Content omitted for clarity], temporary restraining order, temporary
protective order, permanent restraining order, permanent protective order, preliminary
injunction, good behavior bond, or permanent injunction or condition of pretrial release,
condition of probation, or condition of parole in effect prohibiting the behavior described in this
subsection, 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.
(b) Any person convicted of a violation of subsection (a) of this Code section shall be guilty of a
felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor
more than ten years and by a fine of not more than $10,000.00. The provisions of subsection (d)
of Code Section 16-5-90 apply to sentencing for conviction of aggravated stalking.
Georgia Law
Harassing Communications Statute
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means, without permission. © Vector Solutions. All rights reserved.
Resources
Georgia Code
Title 16 CRIMES AND OFFENSES
Chapter 11 OFFENSES AGAINST PUBLIC ORDER AND SAFETY
Article 2 OFFENSES AGAINST PUBLIC ORDER
16-11-39.1 Harassing communications; venue; separate offenses; impact on free speech
(a) A person commits the offense of harassing communications if such person:
(1) Contacts another person repeatedly via telecommunication, e-mail, text messaging, or any
other form of electronic communication for the purpose of harassing, molesting, threatening, or
intimidating such person or the family of such person;
(2) Threatens bodily harm via telecommunication, e-mail, text messaging, or any other form of
electronic communication;
(3) Telephones another person and intentionally fails to hang up or disengage the connection;
or
(4) Knowingly permits any device used for telecommunication, e-mail, text messaging, or any
other form of electronic communication under such person's control to be used for any purpose
prohibited by this subsection.
(b) Any person who commits the offense of harassing communications shall be guilty of a
misdemeanor.
(c) The offense of harassing communications shall be considered to have been committed in the
county where:
(1) The defendant was located when he or she placed the telephone call or transmitted, sent, or
posted an electronic communication; or
(2) The telephone call or electronic communication was received.
(d) Any violation of this Code section shall constitute a separate offense and shall not merge
with any other crimes set forth in this title.
(e) This Code section shall not apply to constitutionally protected speech.
The information contained in this program may not be reproduced in whole or in part, by any
means, without permission. © Vector Solutions. All rights reserved.
