Delaware Stalking Laws

All 50 states have stalking laws. These laws punish perpetrators of stalking quite severely in some cases. There are also state laws that help stalking victims obtain protective orders against their stalkers. Some stalking cases involve domestic violence, while others involve perfect strangers.

Here, we will discuss Delaware‘s stalking laws, including the penalties and defenses to the crime. We will also briefly discuss crimes related to stalking, such as harassment, violation of privacy, and cruelty to animals.

If you’re facing stalking charges and aren’t sure what to do next, contact a Delaware criminal defense attorney right away.

How Does Delaware Law Define the Crime of Stalking?

Delaware law recognizes the crime of stalking as an offense against public health, order, and decency. You can find the statutory definition of stalking in Section 1312 of the Delaware Code of Criminal Procedure. According to this statute, stalking refers to a clear, repetitive pattern of intentional unwanted, harassing, or threatening behavior directed toward another person that causes fear of personal safety or the safety of immediate family members.

Specifically, the Delaware Code states the following:

A person is guilty of stalking when the person:

• Knowingly engages in a course of conduct
• Directed at a specific person
• That would cause a reasonable person to fear for their own safety or the safety of another person, or
• That would cause the victim significant emotional distress or mental anguish

Under Delaware law, the state must prove that the defendant engaged in a course of conduct, not a single act. The state defines “course of conduct” as being three or more separate incidents. A person is not guilty of this crime if they only engage in stalking behavior once or twice.

What Are the Penalties for Stalking in Delaware?

The penalties for stalking depend on the facts of the case. Most stalking cases are charged as Class G felonies. The penalties for this level of offense include up to two years in prison and fines of up to $500,000. The judge has broad discretion over the amount of the fine, and they’ll consider factors such as the defendant’s prior criminal record and the nature of the behavior.

However, the state can charge the defendant with a higher-level felony if certain factors exist. The state can charge a defendant with an enhanced Class F felony charge if any of the following apply:

• The defendant is 21 or older, and the victim is under 14
• The victim is 62 years or older
• The defendant violated a court order (such as a protective order or restraining order) at the time of the offense
• The defendant caused a physical injury to the victim or another person
• The defendant made a threat of death or serious bodily injury to the victim or a third party

The penalties for a Class F felony in Delaware include up to three years in prison and fines of up to $500,000.

The most serious type of stalking charge is Class C felony stalking. A person is guilty of Class C stalking if any of the following apply:

• The defendant possessed a deadly weapon at the time of the stalking
• The defendant caused serious physical injury to the victim

The penalties for a Class C felony in Delaware include up to 15 years in prison, with a mandatory minimum sentence of up to 30 months.

Cyberstalking and Cyberbullying

While the Delaware Code doesn’t have a specific cyberstalking statute, its harassment statute does cover this sort of behavior. Del. Code Section 1311 (a)(2) addresses harassment through electronic communications. The gist of this section is that if someone engages in a course of conduct over the phone or by electronic communication that is likely to cause alarm or distress, they can be charged with harassment.

Harassment is a Class A misdemeanor, punishable by up to one year of incarceration and a fine of $2,300. The penalties for these crimes vary depending on the facts of the case. For example, if someone makes death threats to another person via email or social media, they will face a harsher punishment than someone who makes a series of prank phone calls.

Cyberstalking can also lead to a violation of privacy charge. A person commits this offense when they eavesdrop, monitor, or use surveillance equipment to record a person’s private business. It is also a violation of privacy to reproduce or share images of a third party in a private setting.

In most cases, a violation of privacy offense is a Class A misdemeanor with the same penalties as outlined above for harassment. However, an individual may face Class G felony charges if they install a tracking device on a person’s motor vehicle without their consent.

The penalties for a Class G felony include up to two years imprisonment and fines of up to $500,000.

Potential Defenses To Stalking in the State of Delaware

If you’re facing stalking charges in Delaware, several defenses may apply to your case. In any criminal case, the prosecution must prove you’re guilty beyond a reasonable doubt. However, if you raise an affirmative defense, you’ll need to provide evidence supporting that defense.

Common defenses to stalking charges include:

• False allegations: Sometimes people make false accusations of stalking for various reasons — a contentious divorce or custody battle, a desire for revenge, or a misunderstanding of someone’s intentions. If you can demonstrate that the allegations are fabricated, this can be a strong defense.

• Lack of intent: Delaware‘s stalking law requires that you knowingly engage in the course of conduct. If your actions were accidental or you had no intention to cause fear or distress, this may serve as a defense. For example, if you happened to be in the same public places as someone due to your normal routine, not because you were following them, you have this defense to stalking.

• Mistaken identity: If you weren’t the person who committed the alleged stalking behavior, mistaken identity can be a valid defense. This may involve providing an alibi or evidence that someone else was responsible for the conduct.

• Constitutionally protected activity: Some conduct that might seem like stalking could actually be protected by the First Amendment. For example, lawful picketing, peaceful protest, legitimate newsgathering, and lawful demonstrations may not constitute stalking, even if they involve repeated contact or being present near someone.

• No pattern of conduct: Remember that Delaware law defines stalking as three or more separate incidents. If the prosecution cannot prove that at least three incidents occurred, you may not be guilty of stalking (though you could potentially face harassment or other charges).

• Insanity defense: Insanity is an affirmative defense that can apply to stalking charges, but it’s one of the most difficult defenses to prove in criminal law. To succeed with this defense in Delaware, you must demonstrate that at the time of the offense, you lacked the mental capacity to understand that your conduct was wrong. Given that stalking requires multiple incidents over time, proving you lacked this capacity during each incident presents significant challenges.

Which defense strategy is best depends entirely on the specific facts of your case. An experienced criminal defense attorney can evaluate the evidence against you, identify the strongest defenses available, and build a strategy to fight the charges or negotiate a favorable outcome.

Contact an Experienced Criminal Defense Lawyer for Help With Your Case

If you’re facing stalking charges, you’re probably afraid and confused. It’s in your best interest to meet with a skilled criminal defense attorney as soon as possible after your arrest. Things move quickly, and you’ll want a legal professional by your side. They can help you avoid a conviction or negotiate a favorable plea bargain.