Under Michigan law, stalking crimes are prosecuted as:
- Stalking under MCL 750.411h
- Aggravated stalking under MCL 750.411i
- Cyberstalking under MCL 750.411s
Under MCL 750.411h, stalking is “a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” MCL 750.411h(1)(d).
Stalking requires evidence that the “defendant continued to engage in a course of conduct involving repeated unwanted contact with the victim after having been requested by the victim to discontinue the same or a different form of undesirable contact, and to refrain from any further unwanted contact with the victim, gives rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” MCL 750.411h(4).
Attorney for Stalking and Cyberstalking in Michigan
If you were accused of stalking, cyberstalking, or aggravated stalking, then contact an attorney at Dallo Law, P.C. to discuss your case. We have years of experience representing clients accused of stalking, cyberstalking or harassment in Michigan for years. We know what it takes to fight one of these charges and want to utilize our resources, skills, and practice for your case.
Contact us at (248) 283-7000 for an initial consultation to discuss the penalties pending against you, the potential penalties for that charge, and the best way to fight the charges. Dallo Law, P.C. practices throughout the greater Oakland County and Macomb County area including Bloomfield Hills, Clinton Township. Warren, Sterling Heights, St. Clair Shores, Roseville, Rochester, Novi, Auburn Hills, Pontiac, Troy, Waterford Township and Oakland Charter Township.
What is Stalking in Michigan?
MCL 750.411s(1) provides that “[a] person shall not post a message through the use of any medium of communication, including the internet or a computer, computer program, computer system, or computer network, or other electronic medium of communication, without the victim’s consent, if all of the following apply:
- Conduct arising from posting the message causes the victim to suffer emotional distress and to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
- Conduct arising from posting the message would cause a reasonable person to suffer emotional distress and to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
- Posting the message is intended to cause conduct that would make the victim feel terrorized, frightened,
intimidated, threatened, harassed, or molested.
- The person knows or has reason to know that posting the message could cause 2 or more separate
noncontinuous acts of unwanted contact with the victim.
Cyberstalking under MCL 750.411s does not include:
- “An internet or computer network service provider who in good faith, and without knowledge of the specific nature of the message posted, provides the medium for disseminating information or communication between persons” under MCL 750.411s(3); or
- “Constitutionally protected speech or activity” under MCL 750.411s(6).
Under MCL 750.145d(1)(b), Michigan law prohibits a person from using ‘the internet, a computer, computer program, computer network, or computer system to communicate with another person for the purpose of committing, attempting to commit, conspiring to commit, or soliciting another person to commit stalking under MCL 750.411h or aggravated stalking under MCL 750.411i.”
Penalties for Stalking in Michigan
The penalties for stalking in Michigan can be punished as:
- A misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00 under MCL 750.411h(2)(a); or
- A felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 if the victim was less than 18 years of age at any time during the individual’s course of conduct and the individual is five (5) or more years older than the victim as provided in MCL 750.411h(2)(b).
The court may also place a person convicted under MCL 750.411h on probation for a term of up to five years. MCL 750.411h(3); MCL 771.2a(1).
Under MCL 750.411h(3), if a term of probation is ordered, the court may, in addition to any other lawful condition of probation, order the defendant to do any of the following:
- Refrain from stalking any individual during the term of probation;
- Refrain from having any contact with the victim of the offense;
- Be evaluated to determine “the need for psychiatric, psychological, or social counseling and if, determined appropriate by the court, to receive psychiatric, psychological, or social counseling at his or her own expense.”
Any criminal penalty under MCL 750.411h might be imposed “in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.” MCL 750.411h(5).
Stalking Laws in Michigan – Visit the official website for the Michigan Penal Code to learn more about their laws surrounding stalking and cyberstalking. Access the legislature to learn more about the elements of the crime, admissible defenses, and factors that could enhance the penalties of stalking or cyberstalking.
Stalking: Understanding Your Rights – Visit the official website for the Michigan Government to download and access a brochure discussing stalking. Access the site to learn the many forms of stalking, what to do if your stalker is nearby, victims of stalking, the penalties for stalking, and signs that you may be stalking a person.
Stalking Defense Attorney in Oakland County, Michigan
If you or someone you know has been arrested for stalking or cyberstalking, it’s time you secure legal representation as soon as possible. Find effective and efficient counsel with violent crimes attorney J. Dallo at Dallo Law, P.C.. Mr. Dallo has years of experience he can utilize for your case and will work tirelessly to ensure you avoid the serious statutory penalties.
Set up your first free consultation by calling Dallo Law, P.C. at (248) 283-7000. Dallo Law, P.C. accepts clients throughout the greater Oakland County and Macomb County area.