On 26 Dec 2005 14:28:34 -0800, an_old_friend wrote:
[a bunch of pipe dreams]

Here is the real truth: You can be charged with stalking, fined
$1,000, and sent to jail for one year. If you threatened someone's
life, you can be charged with a felony, fined $10,000, and spend five
years in jail. Mr. Robeson won't have to spend one penny.

===(begin quote from http://www.counseling.mtu.edu/Stalking.htm)===

According to Michigan Penal Code MCLA 650.411 h, stalking is defined as:

"...a 'willful course of conduct' involving repeated or continuing
harassment of another individual that would cause a reasonable person
to feel terrorized, frightened, intimidated, threatened, 'harassed',
or molested, and that actually causes the victim to feel terrorized,
frightened, intimidated, threatened, harassed, or molested."

In this definition, "willful course of conduct" refers to a pattern of
behavior made up of a series of two or more separate and noncontinuous
acts which share the same purpose.

The term "harassed" is defined as repeated contact without permission,
resulting in emotional distress.

Stalking takes many forms

According to the anti-stalking laws, a person can be charged with
stalking for willfully and repeatedly contacting another individual,
without permission, causing that person to feel terrorized,
frightened, intimidated, threatened, harassed, or molested. Under
these laws, assailants could be charged with stalking for repeatedly:

* Following or appearing within the sight of another.

* Approaching or confronting another individual in a public or private
place.

* Appearing at the work place or residence of another.

* Entering or remaining on an individual's property.

* Contacting by telephone.

* Sending regular e-mail to you (also known as "cyber-stalking").

* Sending false regular or e-mail to other people about you (also
known as "cyber-stalking").

Anyone can be a stalker!

Punishment for stalking

In the State of Michigan stalking is a misdemeanor offense. When
individuals are convicted of stalking, they have the following
punishment [MCLA 750.411h]:

* Up to one year imprisonment, or

* Up to $1,000 in fines, or both.

* Up to five years probation.

The order of probation may include an order to:

stop stalking anyone. stop having contact with the victim. be
evaluated to determine the need for pschological evaluation or social
counseling (at the stalker's expense).

Aggravated stalking

* In the State of Michigan aggravated stalking is a felony and
involves at least one of the following [MCLA 750.411i]:

* One or more threats to kill or physically harm an individual -- or a
member of an individual's household or family -- that causes the
individual hearing the threat to fear for his or her safety or the
safety of another.

* The violation of a condition of a pre-trial release or condition of
probation or bond for stalking.

* The violation of a personal protection (restraining) order.

* A repeat offense.

Punishment for aggravated stalking

In the State of Michigan, when an individual is convicted of
aggravated stalking the punishment is:

* Up to five years imprisonment, or

* Up to $10,000 in fines, or both

* Any term of probation (including life), but not less than five years
probation.

The order of probation is the same as that of the misdemeanor, with
the addition: the stalker is not allowed contact with the victim's
family members or with people in the victim's household.

Options for victims of stalking

* The victim may report the incident to the appropriate law
enforcement agency.

Michigan law gives the survivor up to seven years to initiate
prosecution. However, the earlier the incident is reported the better
the chance for prosecution and conviction. Filing a police report
involves describing in detail the events that took place and providing
as much information as possible about the stalker(s). The police will
immediately begin to collect evidence. A victim may request that an
advocate or support person accompany them during the reporting
process. An advocate might be a friend, a counselor from Counseling
Services or a crime victim advocate from Dial Help (482- HELP). The
victim may also file a civil suit against the accused seeking monetary
compensation. Legal Services of Northern Michigan (482-3908) can be
helpful in this instance, particularly for students who lack the funds
to pursue an attorney advocate through conventional means.

Build your case against the stalker by providing the police with any
or all of the following:

* Documentation (personal journal or diary) of the stalker's activities.

* A list of contacts with the stalker (time & place, with whom, etc.)

* A record of all the verbal exchanges (quotes, letters, e-mails, etc.)

* Taped recording(s) of threatening telephone calls.

* Videotapes of the stalker's actions.

* Basic identifying information (i.e. license plate number, make of
car, personal appearance).

Exercise your legal rights:

Get an anti-stalking personal protection (restraining) order from your
local circuit court (this order states that the stalker is to have no
contact with the victim; if violated, criminal penalties will follow).
This will not only protect you, but also assist the law enforcement
agency in enforcing the anti-stalking law. It also increases the
penalties should the stalker violate the restraining order [MCLA
600.2950a].

You may also bring a civil action against your stalker. This allows
you to sue him or her for any damage they have done, your emotional
harm, and may entitle you to exemplary damages and legal fees as well
[MCLA 600.2954].

Do not minimize the danger of being stalked -- many people across the
country have been assaulted and even killed by a stalker they did not
take seriously.

Take action and survive!