What is the legal definition of stalking?
Stalking is when a person intentionally or knowingly does two or more actions (a “course of conduct”) that the person knows or is careless about the fact that it will cause you:
- to fear for your safety;
- to fear for someone else’s safety; or
- emotional distress. Note: “Emotional distress” is defined as significant mental or psychological suffering, including that which results from harm to an animal.1
Stalking may include when someone:
- follows, monitors, observes, photographs, surveils, threatens, or communicates to or about you, or interferes with your property directly, indirectly, or through any third party and by any method or device;
- approaches or confronts you;
- appears at your workplace or contacts your employer/coworkers;
- appears at your house, contacts your neighbors, or enters your property;
- sends materials to you, your family, employer, co-worker, friend, etc.;
- places an object or delivers an object to your property, or place of employment; or
- uses the computer, text messaging, or some other electronic method to follow, monitor, or threaten you.2
If a person violates a stalking injunction or a permanent criminal stalking injunction, s/he is also guilty of stalking.3
1 UT ST § 76-5-106.5(1)(a)(i)(A), (1)(a)(ii), (2)(a)
2 UT ST § 76-5-106.5(1)(a)(ii)(B)
3 UT ST § 76-5-106.5(2)(b)