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What is stalking?

Stalking is about obsession.  It may be motivated by an intense affection or an extreme dislike toward a person. Stalking behavior involves a series of acts which at first may be harmless but can escalate rapidly and may become increasingly violent.

Who can be stalked?

It can happen to anyone.  Stalkers don't just target their victim, but also their victim's families, friends, and others who know them.

Victims can be casual acquaintances or random targets. Through constant harassment, stalkers have succeeded in making themselves the focal point of their victims' lives.

The majority of stalking takes place between people who have known each other intimately, but stalking can occur between acquaintances or strangers.

If you are a victim . . .

• Try to avoid all personal contact
  Treat stalkers as if they are extremely dangerous and stay away from them. Should they confront you, take care to avoid any action or words that might anger them. Don't get drawn into any discussions. Get away from them as soon as your can safely do so and then contact the police.
• Don't let personal information be released
  Tell all personal friends, family members, co-workers, and children not to release information about you, your address and phone numbers to others.
• Remove identification
  Remove home address on personal checks and business cards.
• Get a P.O. Box and limit access to your address
  Utilize a private mail box service to receive all personal mail. On March 11, 1994 the U.S. Postal Service announced limited public access to change of address information filed by individuals and families. Bring them a copy of your Order of Protection if you have one.
• Inform people
  Let everyone around you know what's going on. Describe the threatening person to them; however, photographs work better. Describe their vehicle and give the license plate number to family members, neighbors, co-workers, school officials, secretaries, receptionists, apartment managers, and police.
• Tell people at work
  Notify your supervisor and co-workers about your situation. Give them information on the suspect. If an Order of Protection exists, leave an extra copy at the office.
• Screen mail
  Have a secretary screen all incoming personal mail.
• Be alert and be aware
  Be alert for any unusual packages, boxes or devices left for you at your residence or workplace. Be aware of anyone following you to and from work or home. Before you leave work, ask a co-worker to escort you to your car.
• Secure your property
  Keep personal property locked in your desk or locker.
• Get identification
  Use the "Caller ID" and "Call Trace" system to record calls. Keep tapes of calls from the stalker recorded on the answering machine. Contact your local telephone company and local police about this situation.
• Have a safety plan
  Contact your local crisis center for a plan.
• Get help
  Head for the nearest police station, fire station or well-populated area if you feel in danger or are being followed.

What to do . . .

• Keep records of all stalking/harassing behavior
  This article contains a diary, which will serve as a means to chronologically list activities as they occur. The stalking statutes for Montana have also been provided for you. Remember, both you and law enforcement must look at the totality of the circumstances and not just one single incident.
• Keep accurate dates, times, and locations of where events took place, items received and names of any witnesses
• Keep all copies of letters, envelopes and all packing materials
  Touch only the extreme edges since fingerprints, saliva, and other evidence may be present. Enclose all letters, "gifts," enveloples, and packing materials in a large brown paper bag (not a plastic envelope since this can cause condensation and possibly ruin any evidence). Contact police and turn this evidence over to them.
• Remember that stalking is against the law

Stalking Critical Incident Diary

Stalking Statute MCA 45-5-220

MCA Annotated, 45-5-220. Stalking

1. A person commits the offense of stalking if the person purposely or knowingly causes another person substantial emotional distress or reasonable apprehension of bodily injury or death by repeatedly:
   • following the stalked person; or
   • harassing, threatening, or intimidating the stalked person, in person or by phone, by mail or by other action, device or method.
2. This section does not apply to constitutionally protected activity.
3. For the first offense, a person convicted of stalking shall be imprisioned in the county jail for a term not to exceed 1 year or fined an amount not to exceed $1000 or both. For a second or subsequent offense or for a first offense against a victim who was under the protection of a restraining order directed at the offender, the offenders shall be imprisioned in the state prision for a term not to exceed 5 years or fined an amount not to exceed $10,000 or both. A person convicted of stalking may be sentenced to pay all medical, counseling and other costs incurred by or on behalf of the victim as a result of the offense.
4. Upon presentation of credible evidence of this section an order may be granted, as set forth in Title 40, chapter 15, restraining a person from engaging in the activity described in subsection (1).
5. For the purpose of determining the number of convictions under this section, "conviction" means
• a conviction as defined in 45-2-101, MCA, in this state.
• a conviction for a violation of a statute similar to this section in another state; or
• a forfeiture of bail or collateral deposited to secure the defendants appearance in court in this state or another state for violation of a statute similar to this section, which forfeiture has not been vacated.
6. Attempts by the accused person to contact or follow the stalked person, after the accused person has been given actual notice that the stalked person does not want to be contacted or followed, constitutes prima facie evidence that the accused person purposely and knowingly followed, harassed, threatened or intimidated the stalked person.

Incident Types

Theses activities have been associated with stalking. Their presence should lead to specialized assessment and actions. This list is just a sample of possible types of stalking or harassment.

• Watching or following
• Approaching a victim
• Drive-bys
• Threatening phone calls or hang ups
• Sending or delivering hate mail
• Sending or delivering love notes
• Electronic stalking using a modem, fax, etc. to deliver a message
• Vandalizing a vehicle or home (generally something the victim uses every day)
• Placing or delivering an unwanted object(s) (ex: red bows, stuffed animals, or strange or unusual items such as coyote head, false teeth, tarot cards, etc.)
• Placing or delivering unwanted objects(s) that have symbolic message (ex: black roses, dead animals, feces, etc.)
• Assaulting the victim
• Showing up at the victim's work place
• Making false accusations

Use the diary below to chronologically document stalking/harassment activities. Before filling out this form, make extra copies for future use.

Date	Time	Incident Type (from above list)	Law Enforcement Agency (include phone number)	Officer Name	Incident Location (home, work, school, car, other)	Witness Information
						Name Address Home Phone Work Phone
						Name Address Home Phone Work Phone
						Name Address Home Phone Work Phone
						Name Address Home Phone Work Phone
						Name Address Home Phone Work Phone
						Name Address Home Phone Work Phone

Revised 04/03.