Alabama Stalking Laws

Every state defines the crime of stalking a bit differently. In general, stalking is engaging in repetitive behavior involving unwanted attention that makes the victim feel unsafe. Some state laws require that the stalker intend to cause serious bodily harm or death, while in others, a person may face stalking charges for doing something as simple as following an ex-partner to work or school every day.

In this article, we’ll explain how Alabama‘s stalking laws work, including the penalties and defenses to stalking. If you’re currently facing stalking charges, contact a local criminal defense lawyer for help.

The State of Alabama Takes Stalking Seriously

Alabama lawmakers have a history of treating stalking as a serious crime. In 1999, a Huntsville nurse, Tracy Lynn Morris, was murdered by someone who had been stalking her for over two years.

Before her murder, Alabama had two levels of stalking: general stalking and aggravated stalking. Morris’s story led to the passage of “Tracy’s Law,” which increased the penalties for stalking in Alabama. Today, Alabama‘s criminal laws recognize several levels of stalking that cover various harassing behaviors.

How Alabama Defines Stalking

Under the Alabama Code, stalking and aggravated stalking are each broken down into two degrees. This means there are four different stalking charges in Alabama.

Stalking in the first degree is defined as intentionally and repeatedly harassing or following someone and making an expressed or implied threat while causing a reasonable fear of death or serious physical harm in the victim. Charges can increase to aggravated stalking in the first degree if someone commits the above acts while violating a restraining order, injunction, or protection order.

Stalking in the second degree covers intentionally and repeatedly harassing, following, or communicating with another person (verbally or electronically) and causing mental or emotional harm or a reasonable fear that their career is in jeopardy, where the victim previously told the defendant to stop. Stalking in the second degree can also lead to an enhanced charge if it involves violating a court order or injunction.

Potential Penalties

The penalties for stalking in Alabama are as follows:

• Stalking in the first degree is a Class C felony, punishable by one to 10 years in prison and a fine of up to $15,000
• Second-degree stalking is a Class B misdemeanor, carrying a penalty of up to six months in jail and a $3,000 fine
• First-degree aggravated stalking is a Class B felony in Alabama and is punishable by two to 20 years in state prison and a fine of up to $30,000
• Aggravated stalking in the second degree is a Class C felony and has the same punishment as first-degree stalking (one to 10 years in prison and a fine of up to $15,000)

Violations of a domestic violence order of protection often lead to the aggravated enhancement being applied.

Possible Defenses

In a criminal case, effective defenses often relate to the elements of the crime. In a stalking case, possible defenses include:

• Lack of intent: Stalking requires intentional and repeated behavior. If your actions were accidental or coincidental rather than deliberate, this may be a defense. For example, if you frequently see someone because you work in the same building or live in the same neighborhood, this doesn’t automatically constitute stalking.
• False allegations: People can be accused of stalking charges based on false or exaggerated claims. Evidence such as phone records, GPS data, witness statements, or surveillance footage may help prove that the alleged conduct never occurred or happened differently than described.
• No credible threats: First-degree stalking requires making a threat that causes reasonable fear of death or serious physical harm. If no threat was made, or if the alleged threat wasn’t credible or wouldn’t cause a reasonable person to fear for their safety, this may be a defense.
• Constitutional protections: Certain conduct may be protected by the First Amendment right to free speech. This protection has limits and doesn’t extend to threatening behavior or conduct that would cause a reasonable person to fear for their safety.

Defenses to stalking charges can be complex and depend on the specific circumstances of your case. An experienced criminal defense attorney can evaluate the evidence, identify weaknesses in the prosecution’s case, and determine which defenses may apply to your situation.

Meet With an Experienced Alabama Criminal Defense Lawyer

If someone has accused you of stalking and you’re facing criminal charges, it’s important to have someone on your side who knows the Alabama criminal code and can protect your rights. To help, FindLaw has made its directory of Alabama criminal defense lawyers available for free. It can help you find an experienced advocate in your area who will evaluate your case and walk you through your options.