{"id":371370,"date":"2016-03-31T21:34:18","date_gmt":"2016-04-01T02:34:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/alabama-law\/alabama-stalking-laws.html"},"modified":"2016-06-20T19:49:54","modified_gmt":"2016-06-21T00:49:54","slug":"alabama-stalking-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/alabama-law\/alabama-stalking-laws.html","title":{"rendered":"Alabama Stalking Laws"},"content":{"rendered":"\n
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Alabama Stalking Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Unfortunately, some people misunderstand what stalking<\/a> is. Following someone around constantly isn\u2019t a valid way to show you\u2019re interested in him or her, it\u2019s stalking and it\u2019s dangerous. Stalking is a form of harassment that strikes fear into the victim and can turn deadly. It\u2019s also a crime in Alabama with significant consequences.<\/p>\r\n

A Huntsville nurse, Tracy Lynn Morris<\/a>, was murdered in 1999 after almost two years of stalking by her murderer. Her story was the inspiration for \u201cTracy\u2019s Law\u201d which increased the stalking penalties in Alabama. Instead of just stalking and aggravated stalking, there are now two degrees or levels of both crimes in order to cover all of the inappropriate harassing behaviors stalking encompasses.<\/p>\r\n

The following table outlines the main aspects of Alabama\u2019s stalking laws<\/a>.<\/p>\r\n\r\n
Code Sections<\/b><\/td>\r\nAlabama Code Title 13A: Criminal Code, Chapter 6: Offenses Involving Danger to the Person, Article 5: Stalking and Aggravated Stalking<\/a><\/td>\r\n<\/tr>
What Is Prohibited?<\/b><\/td>\r\nAlabama prohibits stalking anyone. The four criminal stalking laws are:
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Penalty<\/b><\/td>\r\nCrimes in Alabama are divided by felony and misdemeanor categories and three classes in each category ranging from A to C, with A being the highest or crimes deserving the most punishment. Each class has a set sentencing range and the circumstances will dictate where along the range the court will decide to sentence a defendant.
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\r\nThe penalties for the stalking laws above are:
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  • Stalking in the First Degree is a Class C felony that can be punished by between 1 and 10 years in prison and up to a $15,000 fine.<\/li>\r\n
  • Stalking in the Second Degree is a Class B misdemeanor that\u2019s penalized by not more than six months in jail and a $3,000 fine.<\/li>\r\n
  • Aggravated Stalking in the First Degree is a Class B felony that is subject to 2-20 years in prison and at most a $30,000 fine.<\/li>\r\n
  • Aggravated Stalking in the Second Degree is a Class C felony punished the same as Stalking in the First Degree.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Protection Orders<\/b><\/td>\r\nA stalking victim can request a protection order<\/a> if they were ever married, in a dating relationship, or have a child with the abuser. If the abuser is a complete stranger or non-dating individual, such as a former co-worker, the court can enter into a different order based on the person\u2019s crimes or behavior.<\/td>\r\n<\/tr>
Constitutionally Protected Activities Exempt<\/b><\/td>\r\nYes, by legal definition in Alabama any constitutionally protected activities aren\u2019t considered harassment for the stalking laws. For example, a telemarketer may annoy you, but as long as the company follows the telemarketing laws<\/a>, it\u2019s not stalking to try to sell you something (legally) over the phone. This is intended to protect important American values such as the First Amendment freedom of speech<\/a>.<\/td>\r\n<\/tr>
Getting Legal Help for Victims<\/b><\/td>\r\nIf you\u2019re a victim of stalking, you should contact your local police department<\/a> to file a police report or the local District Attorney\u2019s Office<\/a> to see about pressing charges. You can also see an experienced Alabama family law attorney<\/a> or the closest legal aid organization about requesting a protection order.<\/td>\r\n<\/tr>
Getting Legal Help for Accused Perpetrators<\/b><\/td>\r\nIf you\u2019ve been accused of stalking someone and are facing criminal charges, you should immediately consult with an experienced Alabama criminal defense attorney<\/a>.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/i><\/b> State laws change constantly, you should verify your state law research by conducting your own legal research or consulting with a knowledgeable Alabama attorney.<\/i><\/p>\r\n

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