Connecticut Stalking Laws

Every state, including Connecticut, has laws addressing the crime of stalking. Most people have an idea of what stalking is. However, it’s important to understand the legal definition of this criminal offense. This way, if the state ever charges you with this crime, you’ll know what you’re up against.

Stalking does not involve a single act, but a pattern of behavior meant to intimidate the victim or cause reasonable concern for their safety. For example, a stalker might make threatening phone calls to an ex-spouse or repeatedly show up at a former partner’s place of employment.

In this article, we’ll explain Connecticut stalking laws, including the penalties and defenses for this offense. If you’re facing stalking charges in the State of Connecticut, contact a local criminal defense attorney. They’ll review your case and help you determine the best way to proceed.

If someone is stalking you, contact law enforcement right away. A domestic violence attorney can also help you through the process of obtaining a protective order if you need one.

Misconceptions About Stalking

We often think of stalking in the context of a stranger who is obsessed with someone they don’t know, such as a celebrity. And sometimes this is the case. However, many stalking cases involve domestic violence or child custody situations. In fact, studies show that the perpetrators in 44% of male stalking victims and 61% of female stalking victims have had an intimate relationship with their stalker.

Some of the other misconceptions about stalking cases include:

• Most stalkers are harmless: Stalking behavior often escalates to other crimes, such as breaking and entering, sexual assault, and even murder.

• Stalking is limited to intimate partners: While the statistics we quoted above show that about half of all stalking cases involve romantic partners, the other half involve neighbors, coworkers, and even strangers.

• If you ignore a stalker, they will go away: This is far from the truth. If someone is desperate enough to stalk another person, the odds of them just giving up are small.

• It’s not illegal to stalk someone: All 50 states have stalking laws, so there is no reason to assume that someone’s stalking behavior is legal.

• Your best option is to confront a stalker: You put yourself at serious risk of harm or even death if you confront your stalker. Even if you only suffer emotional distress, you still need to protect yourself and your family. Once you learn that someone is stalking you, it’s important that you contact law enforcement immediately.

The bottom line is that if someone is following you or showing up at your work or home without a legitimate purpose, you need to get someone involved. You may want to talk to your local domestic violence advocacy office or law enforcement agency.

If, on the other hand, someone has accused you of stalking and you believe you’re innocent of the charges, you should reach out to a criminal defense lawyer.

Connecticut Stalking Charges

All 50 states have stalking laws, including Connecticut. These laws are designed to punish stalkers and protect stalking victims. Connecticut lawmakers first enacted stalking laws in 1992 and have updated them over the years to accommodate technological changes.

Connecticut law breaks the crime of stalking down into three degrees: First-degree stalking, Second-degree stalking, and Third-degree stalking. You can find the text of these statutes in Connecticut General Statutes 53a-181c to 181e.

Below, we discuss each of these crimes in more detail.

Second-Degree Stalking in Connecticut

Normally, we would discuss a first-degree crime before we examined a second-degree crime. However, the criminal laws in Connecticut are unique in that second-degree stalking serves as the basis for felony stalking. First-degree stalking is the same as second-degree stalking, but with aggravating factors present.

According to CGS 53a-181d, a person is guilty of second-degree stalking when they engage in:

• A course of conduct

• Against a specific person

• Meant to cause a reasonable person to fear for their physical safety or the safety of others, or suffer significant emotional distress

A person also commits second-degree stalking if they engage in a course of conduct against a specific person with the goal of scaring the victim into thinking the perpetrator will cause injury or death to their animal.

The following behavior qualifies as a course of conduct associated with stalking:

• Harassing the victim

• Following the victim

• Monitoring the victim’s comings and goings

Here are a few example scenarios:

• Leaving harassing letters on someone’s car every day for a week, along with pictures of the person taken through their bedroom window.

• An individual who calls their ex-partner on their cell phone 50 times a day for a month, leaving scary voicemails about what they’ll do to their ex if they don’t agree to get back together.

To convict someone of first or second-degree stalking, the state must prove that the defendant intended to harass, terrorize, or alarm the alleged victim without a legitimate purpose. The defendant can do this through repeated phone calls, social media posts, or text messages.

Second-degree stalking is a Class A misdemeanor in Connecticut and carries a penalty of up to one year in prison, fines of up to $2,000, and a conviction on your permanent criminal record.

First-Degree Stalking Charges

Connecticut stalking laws define first-degree stalking as second-degree stalking with specific aggravating factors. In other words, first-degree stalking is an enhanced version of second-degree stalking.

The state will increase second-degree stalking (a Class A misdemeanor) to first-degree stalking (a Class D felony) in the following circumstances:

• The perpetrator is 22 years old (or older), and the victim is under 16 years of age

• The defendant has prior convictions for stalking

• The defendant’s behavior violates an active court order/protective order

• The offender targeted their victim based on race, religion, sex, sexual orientation, or another identifiable characteristic

Examples of first-degree stalking include:

• A 30-year-old man repeatedly shows up at a retail store where a 17-year-old girl works, even after she asks him to stop.

• Someone with a prior conviction for stalking, sending dozens of Facebook messages to another person daily, demanding that the person go on a date with them “or else.”

As stated in CGS Section 53a-181c, the penalties for first-degree stalking include up to five years in prison and fines of up to $5,000. In addition, the judge may restrict the defendant’s ability to own firearms.

Third-Degree Stalking

In Connecticut, third-degree stalking is a much less serious offense than first or second-degree stalking. To convict someone of this crime, the prosecutor doesn’t have to prove intent. Instead, all they have to demonstrate is that the defendant acted recklessly.

Connecticut defines third-degree as:

• Recklessly

• Causing a person to have a reasonable fear for their safety or emotional distress

• By willfully or repeatedly following the victim or by lying in wait

Unlike first and second-degree stalking, the state doesn’t have to prove intent in a third-degree stalking case. It’s enough that the defendant’s behavior caused the victim to feel afraid or emotionally distressed. For example:

• A person who waits in the break room for a coworker to take lunch every day after being told by the coworker that it makes them uncomfortable.

• Posting pictures of another person online and insinuating that they are a couple despite the fact that the other party repeatedly told them they weren’t interested.

Third-degree stalking is a Class B misdemeanor, with a potential penalty of up to six months in jail and fines of up to $1,000. Some defendants receive probation in lieu of a jail sentence.

Stalking and Domestic Violence

Many stalking cases involve ex-romantic partners or incidents of unrequited affection. For example, your ex-girlfriend/ex-boyfriend may continue to show up at your house in the middle of the night despite the fact that you broke things off.

There are also cases where the alleged stalker is in a current relationship with the victim. For instance, a jealous person may follow their partner (both in real life and online), making them afraid and extremely uncomfortable.

Some people don’t understand that a person doesn’t have to physically assault them to be guilty of domestic violence. It is enough that a person makes the other party fearful or emotionally distressed.

How To Recognize Stalking Behavior

The sooner you can recognize that someone is stalking you, the better your chances of avoiding harm. While you don’t want to become paranoid, thinking that people are “out to get you” when they’re not, you still need to protect yourself from potential harm.

Some of the signs that you may have a stalker include:

• The person creates fake social media accounts to connect with you

• You find a GPS tracking device or other electronic monitoring device on your vehicle, cell phone, etc.

• This other person keeps “accidentally” running into you

• They repeatedly show up to places they know you frequent

• They hack into your phone, email account, or social media pages

• They repeatedly show up at your gym, workplace, home, or other location

• The person repeatedly calls or texts you for no reason

If you notice any of these things, you need to seek help. That may mean you apply for a protective order or restraining order. You should also document all of these incidents.

Document Your Experiences in Writing

Once you suspect someone is stalking you, it’s crucial that you document it. Save emails, texts, and voicemails. Take screenshots of social media posts that your stalker tags you in. Keep a log of all incidents, including the dates, times, and nature of the incident.

You’ll need this documentation to secure an order of protection. It will also be helpful to law enforcement if they need to pursue criminal charges against the person stalking you.

What To Do If Someone Accuses You of Stalking

It can be terrifying to have someone stalk you, be it a stranger or someone you’re close to. It can also be frightening to have someone accuse you of stalking, especially when you know you’re innocent. This is why so many people facing stalking charges in Connecticut retain an experienced criminal defense lawyer.

If someone accuses you of stalking, there’s a good chance the state will file criminal charges against you. If this happens, your only option is to fight the charges. This is a lot easier if you have a legal professional by your side.

When you first visit the law office, you’ll explain your situation to your lawyer. They’ll also try to get a copy of the state’s evidence. This will help them determine how strong the case is and what your defense strategy should be.

If you’re truly innocent, your attorney should be able to prove it. Even if you may have engaged in some questionable behavior, you’re still entitled to a robust defense. The best way to defeat the charges is to challenge every piece of evidence against you.

Possible Defenses to a Stalking Charge

Ideally, your attorney will convince the prosecutor to dismiss the charges. If this isn’t an option, they’ll have to craft a strong defense. The specific defense strategy will depend on the facts of the case and the nature of the allegations.

Some of the possible defenses to stalking in the State of Connecticut include:

• Lack of intent: You can argue that you did not intend to scare the victim or cause any emotional distress.

• Consent: Your criminal defense attorney may be able to prove that the victim consented to the alleged stalking behavior.

• Counter-evidence: You can help your own defense if you have evidence showing that the alleged victim was the one stalking you – not the other way around.

• No fear or emotional distress: If you can prove that the victim didn’t experience fear or emotional distress, the prosecutor may have to dismiss the charges or offer a favorable plea bargain.

How To Get a Restraining Order Against Your Stalker

If someone is stalking you, then you need to take action. It’s not enough to hope that the behavior will stop. You have options, one of which is to apply to the court for a restraining order.

In Connecticut, you must take the following steps to obtain a protective order:

• Determine that you are the victim of sexual abuse, sexual assault, or stalking.

• File the necessary forms with the court. The first form is the ” Application for Civil Protective Order.” Form JD-CV-143 initiates the process. You must then file form JD-CV-144, the “Affidavit for Civil Protective Order.” This form must include details about the alleged stalking.

• If the judge grants a temporary protective order, you must attend a hearing. At this hearing, the judge will decide whether to issue a long-term protective order.

• You must serve the defendant (respondent) a copy of your application and provide notice of the hearing. You must do this at least five days before the hearing date.

• Attend the hearing. If the judge agrees that you need an order of protection, they will issue one. The order will have a firm expiration date.

• If the other party violates the order, you must report it to law enforcement.

• You can file a motion to extend the order. If you wish to do this, file your motion at least two to three weeks before the expiration date.

(Note: If the person stalking you is a relative or household member, you must apply for a restraining order, not a protective order.)

What If Someone Takes Out a Protective Order Against You?

It’s one thing to take an order of protection out on someone else. But what are you to do if someone secures a protective order against you?

You always have the option of challenging the order. You can attend the hearing and try to convince the judge that there is no need for a protective order.

If the order is in place and the holder claims that you violated the order, you must act immediately. If the judge rules that you did violate the order, you’ll face potential criminal charges. It can also impact your child custody arrangement and visitation.

You can file a motion with the court asking to modify or terminate the order of protection. This can be an uphill battle, so it’s in your best interest to hire a local attorney for help.

Contact a Connecticut Criminal Defense Attorney

Stalking cases require immediate legal attention, whether you’re seeking protection or defending against charges. An experienced Connecticut attorney can help you navigate the legal system, protect your rights, and work toward the best possible outcome for your situation.

Find a qualified local criminal defense or domestic violence attorney in your area through FindLaw’s attorney directory to discuss your case and explore your legal options.