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Stalking is generally defined as a pattern of malicious behavior that may include repeatedly showing up at an estranged partner's workplace to intimidate or cause apprehension. While stalking laws are generally broad, they are most often invoked with respect to estranged spouses, former partners, and other familiar relationships. Under Michigan stalking laws, "aggravate stalking" involves direct threats, previous stalking convictions, or violation of a restraining order.
Learn more about Michigan stalking laws in the following chart. See Details on State Stalking Laws for more information.
| Code Section | 750.411h (stalking); 750.411i (aggravated stalking); 600.2954. (civil damages) |
| Stalking Defined as | Willful course of conduct involving repeated or continuing harassment that would cause reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes victim to feel such. Aggravated stalking: stalking and violation of restraining order or injunction, violation of probation, pretrial release or bond release, or threats against victim, victim's family or an individual living with victim; or previous stalking conviction |
| Punishment/Classification | Misdemeanor: punishable by imprisonment no more than 1 year and/or maximum fine of $1,000; if victim is under 18 and perpetrator is 5 years older than victim, a felony punishable by imprisonment no more than 5 years and/or fine no more than $10,000; perpetrator/stalker may also be placed on probation no more than 5 years. Aggravated stalking: felony punishable by imprisonment no more than 5 years and/or fine no more than $10,000; if victim is under 18 and stalker is 5 years older than victim, by imprisonment maximum 10 years and/or fine maximum $15,000; probation no more than 5 years may be imposed. Note: Victim may maintain civil action for damages incurred due to stalkers conduct; may also seek exemplary damages, costs, and reasonable attorney fees. |
| Penalty for Repeat Offense | Aggravated stalking: felony |
| Arrest or Restraining Order Specifically Authorized by Statute? | - |
| Constitutionally Protected Activities Exempted? | Yes. |
Note: State laws are constantly changing -- contact a Michigan domestic violence attorney or criminal defense lawyer, or conduct your own legal research to verify the state law(s) you are researching.
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