WICHITA, Kan., May 20, 2024 /PRNewswire/ -- Stalking is a
serious issue that affects people everywhere, including right here
in Kansas. With an increase in
online interactions and the growth of social media platforms in
recent years, stalking has continued to become increasingly
prevalent among individuals of all ages. But what exactly counts as
stalking in our state, and why is it so hard to prosecute? Let's
break it down in simpler terms. Jonathan W. McConnell, our
founding sex crimes attorney in Wichita at the McConnell Law Firm, is
detailing everything you need to know!
What Is Stalking?
Kansas law defines
stalking as engaging in a course of conduct directed at a specific
person that would cause a reasonable person to fear for their
safety or suffer substantial emotional distress. Examples of such
conduct include following, harassing, or threatening the victim,
which can occur in person, through phone calls, text messages,
emails, or social media. In order for harassment to be elevated to
a stalking charge, there must be a proven pattern of behavior where
the alleged individual repeatedly
harasses another person.
A Real-World Example: Physical
presence is not always required when substantiating stalking
charges. Sending unwanted gifts, letters, or other items to an
individual that are seen as intimidating or unsettling can
ultimately lead to charges of stalking if done repeatedly.
"Stalking and harassment are similar in some ways," said
Jonathan W. McConnell, founding sex
crimes attorney at the McConnell Law Firm. "Harassing is repeatedly
bothering someone, which can lead to stalking charges; however,
under Kansas statute, there must
be a certain amount of instances to trigger a stalking
offense."
Protections Against Stalking
Despite challenges, some measures can be implemented to protect
against stalking. These protection orders can prohibit the
alleged stalker from contacting or
coming near the victim and may include other specific provisions to
ensure all parties' safety. If an individual violates a restraining
order or an order of protection, they will face criminal charges
and severe penalties.
Click here to learn more about the consequences of violating
a restraining order!
The severity of the penalties for stalking will depend on
various factors, including the nature and extent of the stalking
behavior, the offender's prior criminal history, and the impact on
the victim. If a protection order has been violated, it could be
classified as a felony. Such an offense could include potential
imprisonment for five to seventeen months and a fine of up to
$100,000.
Difficulties With Prosecution
Stalking cases are often complex, as they are entirely dependent
upon the factual scenario of the allegation. What one individual
may consider stalking, another person may not, which is where
difficulties can emerge. Unlike other crimes with substantial
physical evidence, stalking often happens through actions and
verbal threats, making them more challenging to prove in court. A
pattern of behavior must be established.
"There are certain forms of stalking that are easier to argue,
mostly because they are easier to track," said McConnell. "For
example, harassment online is easier to prove because there's a
written record of it, as opposed to harassment that occurs in
person and is dependent upon an individual's personal account.
Because there are many gray areas when it comes to 'stalking' and
each case is unique, it's best to contact a defense attorney if you
have questions regarding your specific situation."
Have You Been Accused?
If you need assistance with a stalking case, we encourage you to
contact the McConnell Law Firm as soon as possible. While every
case is different, and no conclusions should be drawn without first
consulting a sex crimes attorney in Wichita about the specifics of your case, it
is always in your best interest to have a skilled attorney by your
side from the beginning.
Request a Free Consultation
Do you or a loved one need the assistance of an expert sex
crimes attorney in Wichita? We
encourage you to contact the McConnell Law Firm at (316) 243-5903
for a free consultation.
jonathanwmcconnell.com
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SOURCE McConnell Law Firm