Created by FindLaw's team of legal writers and editors | Last updated March 20, 2018
All fifty states have made stalking a criminal offense. Stalking is defined as a pattern of behavior, not a single event, in which an individual causes fear or apprehension in another. Stalking charges often correlate with domestic violence cases. For instance, a man who frequently follows his ex-wife around town and glares at her with a menacing look is committing the crime of stalking. However, it should be noted that stalking can also include harassing someone through repeated phone calls, messages, or even leaving someone unwanted “gifts” or presents.
Georgia’s stalking laws classify the first offense of stalking as a misdemeanor, with felony charges possible for extreme cases or repeat offenses. Georgia law defines stalking as following, watching, or contacting another person without their consent in order to harass or intimidate that person. It should be noted that under Georgia’s definition of stalking, these actions do not necessarily need to take place in person. A stalker may contact someone through various means of communication, such as by:
To learn more about the main provisions of Georgia stalking laws, refer to the following table. Also, see FindLaw’s article on stalking for a concise overview of the crime.
Code Section |
16-5-90, et seq. |
Stalking Defined as |
Following, surveillance, or contact with another to harass and intimidate. Aggravated stalking: stalking in violation of court order, bond, injunction or probation |
Punishment/Classification |
Misdemeanor. Aggravated stalking: felony; imprisonment minimum 1 year and maximum 10 years and fine maximum $10,000 |
Penalty for Repeat Offense |
For 2nd and subsequent convictions: felony; imprisonment minimum 1 year and maximum 10 years |
Arrest or Restraining Order Specifically Authorized by Statute? |
Yes. Restraining order issued upon filing of petition setting forth probable cause. |
Constitutionally Protected Activities Exempted? |
Yes |
Note: State laws are constantly changing -- contact a Georgia criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
If you’d like to read up on more general information related to stalking, feel free to check out FindLaw’s Details on State Stalking Laws article or click on the links provided below.
Stalking can be charged as a misdemeanor or a felony and can be done over a variety of communication mediums. So before you send that next text message to your ex-partner, know the law. If you find you need legal advice or assistance regarding an issue with stalking, you may want to contact a Georgia criminal defense attorney near you.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Georgia attorneys offer free consultations.