MenuIn Michigan, the legal system recognizes the gravity of stalking and has enacted specific statutes to address and combat this offense. Below, criminal defense attorneys at George Law explain the intricacies of stalking laws in Michigan, providing a thorough understanding of the definitions, penalties, and potential defenses.
What Constitutes Stalking Under MCL Section 750.411h?
Stalking behavior can manifest in various forms, but to classify an act as stalking under Michigan law, specific elements must be met according to MCL Section 750.411h. Here’s a summary:
Definitions In The Statute:
- “Course of conduct” means a pattern of behavior made up of two or more separate acts that show a consistent purpose. For example, repeatedly following or contacting someone, showing up at their workplace or residence, or sending unwanted messages.
- “Emotional distress” refers to significant mental suffering or distress that may or may not require professional treatment or counseling. It can include feelings of fear, anxiety, or intimidation caused by the stalking behavior.
- “Harassment” includes repeated and unwanted contact that would cause emotional distress to a reasonable person and actually causes distress to the victim. Harassment can take various forms, such as persistent phone calls, text messages, or showing up uninvited at social events.
- “Stalking” is a deliberate pattern of repeated harassment that would make a reasonable person feel terrorized, frightened, intimidated, threatened, harassed, or molested, and actually causes the victim to feel this way. Stalking involves a series of actions or behaviors that indicate a clear intent to cause fear or distress in the victim.
- “Unconsented contact” refers to any contact with another person that occurs without their consent or despite their expressed desire to avoid or end the contact. This can include actions like repeatedly following or approaching someone, invading their personal space, or persistently trying to communicate with them against their wishes.
- “Victim” is the person who is the target of the stalking behavior. They are the individual experiencing the emotional distress and fear caused by the stalker’s actions.
Stalking Violations And Penalties in Michigan
Misdemeanor Stalking
Stalking is typically treated as a misdemeanor offense. If convicted, the perpetrator may face a maximum sentence of up to 1 year in jail and/or a fine of up to $1,000. The specific punishment will depend on the circumstances of the case and the discretion of the judge.
Felony Stalking
However, if the victim is under 18 years old at any point during the stalking and the perpetrator is at least 5 years older than the victim, it is considered a felony offense. If convicted, the perpetrator may face a more severe punishment, including imprisonment for up to 5 years and/or a fine of up to $10,000.
Probation And Conditions
In addition to or instead of incarceration, the court may choose to place an individual convicted of stalking on probation for a period of up to 5 years. The court may impose specific conditions on the probation, which can vary depending on the circumstances of the case and the needs of the victim. Some potential conditions include:
- Prohibition from stalking any individual during the term of probation: the convicted individual will be required to refrain from engaging in any stalking behavior or contact that causes emotional distress to another person.
- No contact with the victim of the offense: the court may order the convicted individual to have no contact whatsoever with the victim, ensuring their safety and well-being.
- Evaluation and counseling: the court may require the convicted individual to undergo psychiatric, psychological, or social counseling to address any underlying issues that contribute to their stalking behavior. If deemed necessary, the individual would be responsible for the expenses incurred for these counseling sessions.
Evidence for Stalking Offenses And Rebuttable Presumptions
In a prosecution for stalking, evidence that the defendant continued to engage in a pattern of unconsented contact with the victim after being requested by the victim to stop can have significant legal consequences.
If it is proven that the defendant ignored the victim’s request and continued to engage in the unwanted contact, there is a presumption that the victim felt terrorized, frightened, intimidated, threatened, harassed, or molested as a result. This presumption helps the prosecution demonstrate the impact of the defendant’s actions on the victim’s emotional well-being.
However, it’s important to note that this presumption is not absolute. The defendant has the opportunity to challenge and provide evidence to rebut this presumption. They can present arguments or evidence that demonstrate that their conduct did not cause the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
Additional Penalties Imposed for Stalking
The criminal penalties specified in this statute can be imposed in addition to any penalties for other criminal offenses arising from the same behavior or for any contempt of court related to the same behavior. This means that if the defendant committed other crimes or violated court orders while engaging in stalking behavior, they can face separate punishments for those offenses as well.
The purpose of this provision is to ensure that individuals who engage in stalking face appropriate consequences for their actions, considering the potential harm caused to the victim.
Defenses To Stalking Charges
Lack Of Intent
Lack of intent is a common defense in stalking cases. To be convicted of stalking, it must be proven that you engaged in a willful course of conduct with the intent to harass, intimidate, or cause emotional distress to another person. If you can show that your actions were unintentional or that you had no knowledge that your behavior was causing distress to the alleged victim, it could be a valid defense.
Self-Defense
Self-defense can be a defense in stalking cases if you can demonstrate that your actions were taken in response to a genuine threat or fear for your safety. If you reasonably believed that the alleged victim posed a danger to you and your actions were necessary to protect yourself, it may be a valid defense. However, it is essential to consult with an attorney to determine if your actions meet the legal requirements for self-defense.
Consent
Consent is a potential defense if the alleged victim willingly participated in the contact or behavior that is being considered stalking. If you can demonstrate that the alleged victim gave explicit consent to the contact or that they actively initiated or encouraged the behavior, it may be a valid defense. However, it is crucial to note that consent should be freely given and informed, and certain situations may invalidate consent.
Constitutional Protection
The First Amendment of the United States Constitution protects certain forms of speech, expression, and association. If your actions were constitutionally protected activities, such as political protests, peaceful demonstrations, or engaging in lawful activities, and you did not engage in conduct that goes beyond protected boundaries, it may be a valid defense.
However, it is important to consult with an attorney to assess the specific circumstances and determine if your actions are protected by constitutional rights.
Legitimate Purpose
If you can demonstrate that your actions had a legitimate purpose or were done in the normal course of a lawful activity, it may serve as a defense. For example, if you had a valid reason to be in the vicinity of the alleged victim’s workplace or residence, or if your contact was part of a job-related duty, it could support a defense. However, it is crucial to consult with an attorney to assess the legitimacy of your purpose and ensure compliance with the law.
Lack Of Evidence
Challenging the evidence presented by the prosecution is another defense strategy. If the prosecution fails to provide sufficient evidence to prove all the elements of the stalking offense, it may weaken their case. This defense could involve questioning the credibility of witnesses, challenging the accuracy or reliability of evidence, or identifying inconsistencies in the prosecution’s case. An attorney can help assess the strength of the evidence against you and determine the best defense strategy.
Mistaken Identity
Mistaken identity is a possible defense if you can provide evidence that you were wrongly identified as the person engaging in the stalking behavior. This defense may involve presenting alibi witnesses, surveillance footage, or other evidence that demonstrates you were not present at the alleged incidents or that someone else committed the acts attributed to you. It is crucial to work with an attorney to gather and present the necessary evidence to support this defense.
Seek Experienced Legal Representation From George Law
If you or someone you know is facing stalking charges in Michigan, it is crucial to seek the guidance of a skilled and experienced criminal defense attorney. George Law is a reputable law firm with a deep understanding of stalking laws in Michigan and a proven track record in defending clients facing such charges.
With their extensive knowledge of the legal landscape, George Law can provide invaluable support throughout the entire legal process. Their team of dedicated attorneys will thoroughly examine the details of your case, develop a tailored defense strategy, and work tirelessly to protect your rights and achieve the best possible outcome.
Don’t face stalking charges alone. To schedule a confidential consultation, reach out to George Law today by calling (248) 247-7459 or by contacting us online. Take the first step towards building a strong defense and securing your future.