Stalking (RSA 633:3-a)

"Stalking is not, by definition, a one-time criminal act but a series of repeat acts of victimization, a pattern of behavior, and/or a course of conduct. It may involve a mix of patently criminal acts and behavior that, in another context, would be considered benign and non-criminal."

"Stalking is a crime in New Hampshire under RSA 633:3-a. According to the law, it is illegal to purposely engage in two or more acts that cause a reasonable person to fear for his or her, or a family member's, safety."

"If you are being stalked, you can get a protective order under the same procedures as victims of domestic violence. You do not have to have had any kind of relationship with the stalker to get protection. You should go to the District Court in either your county, or the county where the stalker lives."

This brochure has information about domestic violence and stalking protective orders, enforcing orders from other states, the NH court system, and describes court processes and procedures.

"[A Stalking Order of Protection] protects a person who has been stalked as defined by RSA 633:3-a.The person who wants protection (“the plaintiff”) files the case against the other party (“the defendant”). There does not need to be a special relationship between the plaintiff and the defendant. A person who has been stalked by a family member, household member, or current or former intimate partner might also qualify for a Domestic Violence Order of Protection."

"Unlike a domestic violence protective order, a stalking victim is not required to prove a prior relationship in order to petition for a protective order under RSA 633:3-a.However, if the victim and the stalker are members of the same family or household, or are intimate partners, the victim should be encouraged to seek a domestic violence protective order under RSA chapter 173-B." [The section on stalking begins on page 297.]

See Chapter 18, Stalking. Provisions of Chapters 3 through 7 and 17 also apply to stalking cases.

"This report provides an overview of the most recent statistics on technology used to facilitate stalking, features that some technology companies have implemented to prevent their e-trackers from being used to enable stalking, barriers to investigating these offenses, and selected policy options under consideration."

"Smartphone tracking apps exist that allow a person to not only surreptitiously track another person’s smartphone location information, but also surreptitiously intercept the smartphone’s communications—such as texts, e-mails, and phone calls. This type of monitoring—without a person’s knowledge or consent—can present serious safety and privacy risks."

"Technology can be very helpful to survivors of domestic violence, sexual violence, and stalking, but is also often misused by abusers to harass, threaten, coerce, monitor, exploit, and violate their victims."

""Cyberstalk" has been statutorily defined to mean to engage in a course of conduct to communicate, or cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose."

"The Legal Systems Toolkit helps legal system stakeholders: Law Enforcement, Attorneys, Court Personnel, Community Corrections, and others, identify what technology is relevant to a case and how to use technology evidence to hold offenders accountable. Technology evidence may strengthen cases by providing tangible proof. It may also help in negotiating pleas or settlements, obtaining confessions or guilty verdicts, or relieve some of the pressure on victims to testify against their perpetrator."

Access the articles below by creating a free Westlaw account via this link.

"This article collects and analyzes cases in which the courts have determined the validity of, or have construed and applied, state civil stalking statutes."

"The interstate stalking statute, 18 U.S.C.A. § 2261A, was enacted in 1996 as part of the Violence Against Women Act (VAWA). Stated broadly, 18 U.S.C.A. § 2261A prohibits defendants from traveling across state lines with the intent to injure or harass another person, and in the course of such travel, or as a result of it, placing the person or a member of the person's immediate family in fear of death or serious bodily injury. The court in U.S. v. Fullmer, 584 F.3d 132, 50 A.L.R. Fed. 2d 659 (3d Cir. 2009), held that although First Amendment principles were involved, the evidence was nevertheless sufficient to support the convictions, under 18 U.S.C.A. § 2261A, of an animal rights organization and several of its members for interstate stalking of various individuals, as well as conspiracy to stalk such individuals and aiding and abetting the stalking, and accordingly, the court affirmed all of the defendants' convictions and sentences. This annotation shall collect and discuss all of the cases that have considered the validity, construction, or application of the provisions of the federal interstate stalking statute, 18 U.S.C.A. § 2261A."

"This article discusses tort claims for stalking. This article also includes discussion of causes of action against third parties for primary liability or secondary liability for stalking. Although detailed discussion of cyberstalking is beyond the scope of this article, it will be briefly commented upon, especially since it is a rapidly developing and important extension of the concept of stalking."

"This article discusses proof of cyberstalking and cyberbullying. These topics are discussed together as these situations are often handled similarly under state laws. The article also generally mentions other forms of stalking and bullying that do not involve the use of the Internet but are relevant to cyberstalking and cyberbullying law."