The Crime of Aggravated Stalking in Georgia
StatuteIn violation of a bond, judicial order, condition of pretrial release, probation, or parole in effect prohibiting the behavior described in this subsection, follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. O.C.G.A. 16-5-91(a).61
Caselaw Part ISee "Stalking" for meaning of "place or places" and "harassing and intimidating." Proof of a written no contact order is not required. The fact that the instruction was given and received, not that it was physically memorialized, is the focal point. Revere v. State, 277 Ga. App. 393 (2006).ey_as
Caselaw Part 2The stalking statutes do not prohibit the mere act of "getting in touch with" or "communicating with" another person without consent, but states that one is prohibited from doing so only for a "harassing and intimidating" purpose. The effect of this language is to remove from the proscription of the stalking statutes those persons who have a legitimate purpose, or those who only inadvertently make non-consensual contact with another person. Its restriction is limited to a "knowing and willful" course of harassment and intimidation. Johnson v. State, 264 Ga. 590 (1994); Bragg v. State, 285 Ga. App. 408 (2007) (evidence insufficient where defendant's contact with the victim was with the victim's consent). Overt threats of bodily harm are not required. Holmes v. State, 291 Ga. App. 196 (2008).
Penalty1 to 10Y and up to 10K fine. O.C.G.A. 16-5-91.
Violate family violence order, then Misdemeanor. O.C.G.A. 16-5-95.