Laws differ from country to country. Below we explain to you in as much detail as possible, the laws when it comes to stalking. There is not actually a specific stalking law in Canada (where StalkerTools.com is based, however section 264 of the criminal code covers the basics that define crimes that are related and punishable. Learn them and make sure you do not break any of them by engaging in criminal activity. Be clever and work within the laws, abide by laws already in place and if there is an absence of law, then use good judgment when performing any action or dealing with any targets.
Educating yourself about the laws of the land is strongly encouraged, remember, the smartest and most successful people in this world, all play exactly by the book, that being the legal book. Always keep in mind, you can not get much done when you are behind bars, but you can move mountains if you consult with lawyers and learn the laws. That being said, here is the breakdown of related laws in Canada that apply to all Canadians. The Federal Laws that apply to American’s follows below.
Stalking is defined as criminal harassment in section 264 of the Criminal Code of Canada. Stalking behaviors include repeated contact (physical, visual, email, verbal or physical proximity) with a person who does not consent to such contact.
The behavior of the stalker directly or indirectly threatens, or reasonably implies a threat to, the other person’s safety and security. As with the harassment, stalking is defined by the impact it has on the person being stalked, rather than the intent of the stalker. The Criminal Code defines the prohibited behavior as:
- repeatedly following from place to place the other person or anyone known to them;
- repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
- besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
- engaging in threatening conduct directed at the other person or any member of their family.
Stalking can be perpetrated by strangers, acquaintances or those previously involved in a consensual relationship. Behaviors that might be acceptable in a consensual, loving relationship may become stalking when one person wishes to end the relationship and the other does not. For example, frequent phone calls, visits or email could be considered elements of stalking when the recipient considers these contacts unwelcome and unwanted.
Physical or sexual assault are offenses under the Criminal Code of Canada (sections 264.1-278). The Criminal Code includes threats, or actual acts of, non-consensual force, violence, bodily harm, willful destruction of personal property or death in its definition of assault (section 264.1, 265).
Aggravated physical or sexual assault, in which the complainant is wounded, maimed, disfigured or has her/his life endangered, are considered more gravely and the punishments for committing such acts are likewise more severe.
The Criminal Code of Canada, which further outlines the criteria for definition and punishment of these offenses, can be found on the Department of Justice Canada’s web site.
As for Federal Stalking Laws in The United States Of America, this is a run down of them and is current.
Full Faith and Credit (1994; 2000). This federal law mandates nationwide enforcement of orders of protection, including injunctions against harassment and stalking, in states, tribes, and U.S. territories. (18 U.S.C. Section 2265)
- Interstate Stalking (1996; 2000). Section 2261A(1) makes it a federal crime to travel across state, tribal or international lines to stalk another person with ” the intent to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate another person.” Furthermore, the travel must result in reasonable fear of death, serious bodily injury or substantial emotional distress either to a victim or a victim’s family member, spouse or intimate partner. Section 2261A(2) makes it a federal crime to stalk another person across state, tribal or international lines, using regular mail, email, or the Internet. The stalker must have the intent to kill, injure, harass, intimidate or cause substantial emotional distress, or to place a victim or a victim’s family member, spouse or intimate partner in fear of death or serious bodily injury. (18 U.S.C. Section 2261A)
- Interstate Domestic Violence (1994; 2000). Section 2261(a)(1) makes it a federal crime to travel across state, tribal, or international lines with the intent to kill, injure, harass, or intimidate a spouse or intimate partner and to commit, or attempt to commit, a crime of violence against that spouse or intimate partner. 2261(a)(2) makes it a federal crime to cause a spouse or intimate partner to cross state, tribal, international lines, by force, coercion, duress, or fraud, and to commit, or attempt to commit, a crime of violence against that spouse or intimate partner. (18 U.S.C. Section 2261)
- Interstate Violation of a Protection Order (1994; 2000). Section 2262(a)(1) makes it a federal crime to travel across state, tribal, or international lines with the intent to violate a protection order and to subsequently engage in conduct that violates that order. Section 2262(a)(2) makes it a federal crime to compel another person to cross state, tribal, or international lines by force, coercion, duress, or fraud and to subsequently engage in conduct that violates a protection order. (18 U.S.C. Section 2262)
- Federal Domestic Violence Firearm Prohibitions (1994; 1996). Section (g) (8) makes it a federal crime to possess a firearm or ammunition if subject to a “qualifying” protection order issued on behalf of a spouse or intimate partner. Section (g)(9) makes it a federal crime, punishable by up to 10 years in prison, to possess a firearm or ammunition if convicted in any state or federal court of a “qualifying” misdemeanor crime of domestic violence. (18 U.S.C. Section 922)
- Interstate Communications. This statute makes it a federal crime to transmit in interstate or foreign communications any threat to kidnap or injure another person. (18 U.S.C. Section 875(c))
- Harassing Telephone Calls in Interstate Communications. This statute makes it a federal crime to use a telephone or other telecommunications device to annoy, abuse, harass, or threaten another person at the called number. (47 U.S.C. Section 223(a)(1)(C))