In most states, to charge and convict a defendant of stalking, several elements must be proved Beyond a Reasonable Doubt. These elements include a course of conduct or behavior, the presence of threats, and the criminal intent to cause fear in the victim.
A course of conduct is a series of acts that, viewed collectively, present a pattern of behavior. Some states stipulate the requisite number of acts, with several requiring the stalker to commit two or more acts. States designate as stalking a variety of acts, ranging from specifically defined actions, such as nonconsensual communication or lying in wait, to more general types of action, such as harassment.
Most states require that the stalker pose a threat or act in a way that causes a reasonable person to feel fearful. The threat does not have to be written or verbal to instill fear. For example, a stalker can convey a threat by sending the victim black roses, forming his hand into a gun and pointing it at her, or delivering a dead animal to her doorstep.
To be convicted of stalking in most states, the stalker must display a criminal intent to cause fear in the victim. Various statutes require the conduct of the stalker to be "willful," "purposeful," "intentional," or "knowing." Many states do not require proof that the defendant intended to cause fear as long as he intended to commit the act that resulted in fear. In these states, if the victim is reasonably frightened by the alleged perpetrator's conduct, the intent element of the crime has been met.
