People in Indiana who are charged with stalking can face significant legal consequences. In Indiana, stalking means that there is a pattern of conduct that would lead to a reasonable person feeling threatened, intimidated or frightened. This doesn’t involve a single moment of discomfort. Instead, it’s a repeated behavior that builds and causes emotional distress or a fear for personal safety.
According to Indiana Code § 35-45-10-5, stalking is a criminal offense that can result in serious penalties, especially if certain aggravating factors are present. The law doesn’t require that there’s any physical harm or even physical contact in order for a case to be classified as stalking.
One of the determining factors for stalking charges is that the defendant intentionally or knowingly did something that caused the victim to feel threatened. Examples of this could be sending someone unwanted messages, following the person, or showing up without being invited to their home or place of business. Even electronically tracking or harassing someone could be considered harassment.
Indiana stalking charges
For stalking to be charged in Indiana, the behavior must occur more than once and be directed at a specific individual. The law also considers whether the accused had been previously warned to stop or had a protective order issued against them.
A first offense is typically charged as a Level 6 felony. The penalties can be enhanced if a weapon was involved, if the person violated a no-contact order or if the target was a minor.
In many cases, stalking charges are linked to domestic situations, former relationships or ongoing disputes. However, they can also arise in workplaces or neighbor conflicts. In some cases, stalking can occur between strangers who’ve interacted online.
Finding a defense strategy in these situations is critical for defendants. Working with someone familiar with these matters might be beneficial because these cases are often complex.