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Stalking

Stalking
Stalking
Table of Contents

An individual may be faced with several penalties in Michigan if they are charged with “Stalking”.  When faced with the possibility of such serious penalties, having a skilled attorney to help you prepare and defend your case is necessary to obtain the best possible outcome.

In the year 2019, about 1.3% or 3.4 million people, in the U.S., above the age of 16 were victims of stalking, according to the Office of Justice Programs, Bureau of Justice statistics.

According to Michigan Law MCL 750.411h, “Stalking” is defined as a willful pattern of behavior composed of 2 or more separate acts with a continued purpose involving repeated harassment of another individual that:

  1. would cause a reasonable person to feel; or
  2. actually, causes the victim to feel:
  • Terrorized;
  • Frightened;
  • Intimidated;
  • Threatened;
  • Harassed; or
  • Molested.

In addition, under Michigan law, MCL 750.411i an individual can be charged with “aggravated stalking” if they meet the above definition of stalking and

  • The behavior is in violation of a restraining order or injunction and the individual has received actual notice of it;
  • The behavior is in violation of a condition of probation, a condition of parole, a condition of pretrial release, or a condition of release on bond pending appeal;
  • The behavior includes the making of 1 or more credible threats against the victim, a member of the victim’s family, or another individual living in the same household as the victim; or
  • The individual has been previously convicted of a violation of stalking or aggravated stalking.

The penalties for stalking can be found in the table below:

Type of Offense

Penalty

Michigan Law

Stalking

Misdemeanor, punishable by imprisonment for not more than 1 year or a fine of not more than $1,000, or both.

MCL 750.411h(2)(a)

Stalking a Minor

(Under 18 years old)

Felony, punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.

MCL 750.411h(2)(b)

Aggravated Stalking

Felony, punishable by imprisonment for not more than 5 years or a fine of not more than $10,000, or both.

MCL 750.411i(3)(a)

Aggravated Stalking of a Minor

(Under 18 years old)

Felony, punishable by imprisonment for not more than 10 years or a fine of not more than $15,000, or both.

MCL 750.411i(3)(b)

Alternatively, a Judge may elect to put an individual convicted of stalking on probation for up to 5 years. The probation will have the following conditions

  • 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 that counseling at his or her own expense.


If you or someone you know is dealing with a stalking-related charge, it is imperative that you seek legal representation from a lawyer familiar with this area of law. Police and prosecutors will be working swiftly to build a compelling case against you. Finding a resolution that can keep someone’s criminal record clean and keep you out of jail may be available.

If you would like to set up a consultation to discuss your case further, please feel free to contact us or call (586) 413-7777 at your earliest convenience.

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