What is Stalking?  Colorado Revised Statute Section 18-3-602 defines Stalking as directly or indirectly through another person knowingly making a credible threat to another person and in connection with the threat, repeatedly follows that person, a member of that person immediate family or someone with whom that person has or has had a continuing relationship, OR

(b) Makes any form or communication with that person or a member of that person immediate family or someone with whom that person has or has had a continuing relationship regardless if conversation ensues OR

(c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person immediate family or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person immediate family or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress.

A credible threat means a threat, physical action, or repeated conduct that would cause a reasonable person to be in fear for the person safety or the safety of his or her immediate family or someone with whom the person has or has had a continuing relationship.  The threat need not be directly expressed if the totality of the conduct would cause a reasonable person such fear.

Innocent behavior could be considered stalking.  Appearing at the same location or locations where the person happens to be can be considered stalking.  The issue of credible threat entails a causing a person fear for their safety or the safety of his or her immediate family or a member of that person immediate family or someone with whom that person has or has had a continuing relationship.  A threat together with the following or contacting the individual makes innocent behavior criminal.

What about internet stalking?  Section (c) addresses contacting a person by any form of communication that would cause a reasonable person to suffer serious emotional distress. The section would seem to look at the form of communication–but doesn’t seem to address the information being conveyed.  The information may be what causes the emotional distress and not the form of communication.

Stalking is a felony in Colorado and would subject a person to a potential sentence in the Colorado Department of Corrections–or prison.  A first offense is a class five felony and a second offense within seven years of a first offense or if there is a protection order at the time of the offense it is a class four felony.   Stalking is often considered a domestic violence offense.  Given the nature of the crime, Judges often impose a prison sentence to protect the victim of the stalking.

If you have been charged with Stalking you should hire an experienced attorney to defend your rights and fight for your freedom.