Menu Contact

Stalking in Georgia


O.C.G.A. §16-5-90 is the Georgia statute prohibiting stalking. The paragraph outlining the prohibited conduct is so convoluted, only an elected representative could possibly derive any sense from it. This blog article will attempt to inform non-lawyers of activity which my constitute stalking in the State of Georgia.


You can be charged with stalking for:


1)     Engaging in surveillance of another person


2)     Any contact with another person


3)     Any computer contact with another person


4)     Any mail contact with another person


5)     Any telephone contact with another person


6)     Any computer network contact with another person


7)     Any broadcast somehow communicating with or targeted at another person


The contact described above must be “harassing or intimidating” to constitute a crime.


The statute specifically defines “harassing or intimidating” as, “. . .a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person's safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose.”


Like all poorly-worded, ambiguous statutes, this one cites the term itself as part of the definition of that term.


Furthermore, no overt threat of death or bodily harm is necessary to establish a crime under this statute.


A first offense of stalking is a misdemeanor punishable by up to 12 months in jail and a $1,000 fine, plus court costs.


A second, and subsequent, conviction for stalking is a felony punishable by 1-10 years in prison.


A word to the wise, if someone has expressed any desire for you to discontinue communication with them, STOP. The broad, ambiguous, language of this statute can easily be construed to criminalize the most innocuous and harmless persistency.


If you, or someone you know, has been charged with (or might be charged with) stalking, you may need a stalking defense attorney. You can contact me via email at jason@carnellfirm.com or call me at 770-729-4809. For more information, visit my website at http://www.carnellfirm.com.

  1. Testimonials

    “He was a great lawyer for my lawsuit. He provided great information about my case and was prompt with any changes during the whole process. He worked very hard in getting me best deal. I would use his services again.”

    - James Wright

  2. Testimonials

    "Jason handled two cases for me, one in Cherokee County and the other in Fulton. He honored a two year old promise to handle the 2nd one for free. He did a great job on both and I'd recommend his services to anyone needing legal assistance. He honors his word and understands the law."

  3. Testimonials

    "Jason kept me informed on the status of my case. He thoroughly explained what my options were and the benefits / drawbacks of each option. I highly recommend Jason if you have need for an attorney."

    Robert Thigpen III

Contact Us Today For The Help You Need

There are hundreds of attorneys in metro Atlanta who would love to have your business. The choices can sometimes seem overwhelming, but I can tell you this: Nobody is going to work harder to earn your respect and do right by you and your family than me and The Carnell Law Firm, LLC. You don't have to take my word for it; look over the testimonials from clients who have been satisfied with my work on their behalf, and explore my website to learn more about me and my practice. Then contact my firm online or call us for a free consultation at 770-729-4809. I look forward to hearing from you.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

4056 Wetherburn Way NW, Ste 3
Peachtree Corners, GA 30092

Phone: 770-729-4809
Fax: 770-308-4226
Peachtree Corners Law Office Map