I've read about the reasonable person standard, and the Illinois Stalking law discusses that a person commits stalking if a course of conduct directed at a person causes a reasonable person to "fear for his or her safety or the safety of a third person."
What I want to know if how the courts determine if a person truly holds or held "fear for his or her safety or the safety of a third person." How does the court determine that?
As I understand that it's a misdemeanor, the judge can make a judgment on it without a jury, right?
What if, however, the alleged victim is lying about his or her "fear for his or her safety or the safety of a third person"?
Also, what is meant by "suffer other emotional distress"?
Assume no illegal threats were made.Also, the defendant states that no threats of harm or confinement were made. By the evidence examined, there are no implicit or explicit threats of harm or confinement. The defendant believes that he is falsely being accused of stalking and instead there should be prosecution for harassment if anything. The defendant was annoyed about the alleged victim's treatment toward him and wanted an answer as to why she was being a jerk to him, and the defendant cursed out the alleged victim. As such, the defendant wanted to talk with the alleged victim in person (no threats of harm or confinement were made). If someone came up from behind me and said, "BOO!" and I was frightened, is that stalking?