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Stalking and the First Amendment: A Constitutional Analysis of State Stalking Laws

NCJ Number
162227
Journal
Criminal Law Bulletin Volume: 32 Issue: 4 Dated: (July-August 1996) Pages: 307-341
Author(s)
B Bjerregaard
Date Published
1996
Length
35 pages
Annotation
This article addresses two specific constitutional issues presented by newly enacted antistalking statutes, vagueness and overbreadth.
Abstract
The crime of stalking has received extensive media coverage since the late 1980's, and this attention has led State legislatures to address the issue by passing laws to deter stalking behavior. Several constitutional and procedural questions have been raised concerning the enforcement of antistalking laws and the prosecution of stalking offenses, and the issues of vagueness and overbreadth are relevant to antistalking legislation. An analysis of antistalking statutes indicates they will survive first amendment constitutional challenges, with courts demonstrating support for efforts to address the problem of stalking. Some statutes, however, may be vulnerable to constitutional attack. Specifically, legislation that fails to employ limiting elements recognized by courts may be most vulnerable to challenge. The author examines the doctrines of void-for-vagueness and overbreadth and discusses these issues in relation to the constitutionality of current statutes. She considers appellate court decisions that have addressed these constitutional questions and offers suggestions for strengthening existing statutes to avoid future constitutional challenges. State antistalking statutes and limiting elements are listed in an appendix. 111 footnotes

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