{"id":377249,"date":"2016-03-31T21:37:18","date_gmt":"2016-04-01T02:37:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/west-virginia-law\/west-virginia-stalking-laws.html"},"modified":"2017-10-26T23:00:00","modified_gmt":"2017-10-27T04:00:00","slug":"west-virginia-stalking-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/west-virginia-stalking-laws.html","title":{"rendered":"West Virginia Stalking Laws"},"content":{"rendered":"\n
\n \n
\n

West Virginia Stalking Laws<\/h1>\n
\n
\n

Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

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

Stalking isn\u2019t a romantic gesture to show someone you\u2019re interested in him or her. Stalking is a course of conduct that causes the victim to be in reasonable fear. It\u2019s not just one incident of asking a girl out on a date; stalking<\/a> is a pattern of behavior where one person follows, texts, e-mails, and otherwise pesters someone who doesn\u2019t want that attention.<\/p>\r\n

Often, stalking occurs by a former spouse or lover after the victim leaves them. Frequently, the stalking is a continuation of domestic violence<\/a> in that relationship. Sometimes, people with mental illnesses stalk acquaintances, celebrities, or politicians because of delusions of a relationship with that person or an obsession with a particular political issue.<\/p>\r\n

Stalking Laws<\/h2>\r\n

States have developed laws to prohibit stalking. The terminology and penalties vary by state, and sometimes there are related harassment<\/a> laws. West Virginia law makes both stalking and harassment a crime. Some states have a specific type of protection order for stalking victims to recognize the differences between stalking and domestic violence.<\/p>\r\n

In West Virginia, a judge can order a protection order only upon a conviction for the stalking crime. Otherwise, stalking victims who were never in a relationship with the stalker can\u2019t request a protection order<\/a> because the protection order laws require the abuser to have been married, dated, lived with, had a child with, or be related to the victim. This leaves a gap in the law<\/a> for stalking and sexual assault victims who\u2019ve had no relationship with their stalker or attacker.<\/p>\r\n

West Virginia Stalking Laws<\/h2>\r\n

The following table outlines the stalking laws<\/a> in West Virginia.<\/p>\r\n\r\n
Code Section<\/b><\/td>\r\nWest Virginia Code Section 61-2-9a: Stalking & Harassment, Penalties & Definitions<\/a><\/td>\r\n<\/tr>
What is Prohibited?<\/b><\/td>\r\nWest Virginia prohibits stalking and harassment. Stalking is repeatedly (two or more times) following another person knowing or having reason to know that the conduct causes the victim to reasonably fear for his or her safety or suffer significant emotional distress.

Harassment is repeatedly harassing (willful conduct directed at a person that would cause a reasonable person mental or emotion injury) or making credible threats to another person.<\/p>\r\n<\/td>\r\n<\/tr>

Penalty<\/b><\/td>\r\nStalking and harassing are typically misdemeanors that can be punished by at most six months in jail and a fine of up to $1,000.
\r\n
\r\nViolation of Protection Orders<\/u>
\r\nIf you stalk or harass an individual in violation of a court order or injunction related to a divorce case or an emergency protection order, the punishment is increased to between 90 days and one year in jail and a fine between $2,000 and $5,000.
\r\n
\r\nViolating a domestic violence protection order by stalking is a felony that\u2019s punishable by one to five years incarceration and a $3,000 to $10,000 fine.
\r\n
\r\nRepeat Offense<\/u>
\r\nIf convicted a second time within five years of the prior conviction, the crime is increased to a felony. For this, the offender can be imprisoned for between one and five years and fined between $3,000 and $10,000.
\r\n
\r\nOther Penalties<\/u>
\r\nIf released early on probation or part of a prison sentence is suspended, the court can require counseling or medical treatment as a condition of release.<\/td>\r\n<\/tr>
Restraining or Protection Orders<\/b><\/td>\r\nUpon conviction, the court may issue a restraining order for period not to exceed 10 years. If the restraining order is over 5 years, it must be necessarily that long to protect the stalking victim or his or her immediate family.
\r\n
\r\nAlso, if arrested for a stalking offense and bonded out of jail, avoiding all direct or indirect contact with the victim is a condition of release.<\/td>\r\n<\/tr>
Constitutionally Protected Activities Exempted<\/b><\/td>\r\nYou can\u2019t be convicted of stalking if it\u2019s for activities related to labor disputes, demonstrations at government locations, or other activities that are protected by the Constitution.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Help for Victims<\/h2>\r\n

If someone is stalking you, please reach out for help. Call 911 in an emergency or the National Domestic Violence Hotline<\/a> at 1-800-799-SAFE (7233) for safety planning and referrals. The West Virginia Foundation for Rape Information & Services (FRIS) has information on local resources<\/a> for stalking, domestic violence, and sexual assault.<\/p>\r\n

Help for Accused Stalkers<\/h2>\r\n

If you\u2019re charged with a stalking-related crime, you should immediately stop contacting and avoid all contact with the alleged victim. Do NOT follow, watch, text, call, e-mail, or otherwise contact him or her. You also should hire an experienced West Virginia criminal defense lawyer<\/a>.<\/p>\r\n

Note:<\/i><\/b> State laws are revised regularly. You should contact a lawyer or conduct your own legal research to verify these stalking laws.<\/i><\/p>\r\n

Research the Law<\/h2>\r\n