January is Stalking Awareness Month

Louisiana stalking laws (La. R.S. 14:40.2) define stalking as willful, malicious, repeated following or harassing with intent to cause fear of death or injury, involving uninvited presence, threats (verbal, written, implied), or non-consensual contact, with penalties including fines, jail time (up to a year for first offense), and mandatory psychiatric evaluation, escalating for repeat offenses or when a protective order is violated.

Cyberstalking also carries penalties, and victims can seek stalking protective orders for up to 18 months.

What Constitutes Stalking in Louisiana?

• Intent: Willful and malicious actions.
• Actions: Repeatedly following or harassing someone.
• Impact: Placing the victim in fear of death or bodily injury.
Examples: Uninvited presence at home/work, verbal threats, implied threats (behavioral), or non-consensual contact with a child.

Cyberstalking

• Using electronic communication to threaten harm, property damage, or extortion.
• Repeatedly communicating electronically, even without a conversation.
• Making false statements about death, injury, illness, or criminal conduct.

Penalties

• First Offense: Fines ($500-$1,000) and/or jail (30 days – 1 year).
• Psychiatric Evaluation: Required for convicted stalkers.
• Protective Order Violation: Increased penalties, potentially 90 days to 2 years in jail and/or a $5,000 fine.
• Second Conviction (within 7 years): 5 to 20 years in prison, without parole, and/or fines.

Legal Protections & Steps for Victims

• Protective Orders: Victims can apply for stalking protective orders, lasting up to 18 months and renewable, to keep offenders away.
• Evidence: Gather evidence of communication and incidents.