Another category of criminal offense in Alabama is stalking. Covered by Article 5, stalking includes offenses for stalking in the first and second degree, aggravated stalking in the first and second degree, and electronic stalking in the first and second degree. Stalking in the second degree under §13A-6-90.1 is the least severe stalking offense, standing as a Class B misdemeanor punishable by up to six months in jail and up to $3,000 in fines. The crime of stalking in the second degree occurs when a person intentionally and repeatedly follows, harasses, or otherwise communicates with a person or their family, causing material harm to the victim, and the behavior continues after the perpetrator was informed to stop the conduct.
The offense rises to the level of a Class C felony for stalking in the first degree under §13A-6-90 when the stalking behavior is combined with a threat, causing the victim to reasonably fear of serious harm or death. As a Class C felony, stalking in the first degree is punishable by 1-10 years’ imprisonment. If, when committing an act of stalking in the first or second degree, the offender is also violating a court order or injunction, the crime becomes aggravated stalking, sharing the same degree as the act of stalking itself. Aggravated stalking in the second degree under §13A-6-91.1 is a Class C felony, punishable by 1-10 years’ imprisonment, while aggravated stalking in the first degree under §13A-6-91 is a Class B felony, carrying a sentence of 2-20 years’ imprisonment.
Alabama law also criminalizes electronic stalking. Electronic stalking in the second degree, governed by §13A-6-69, prohibits placing a tracking device on the property of another person without that person’s consent. Electronic stalking in the second degree is a Class A misdemeanor, carrying a sentence of up to one year in jail and up to $6,000 in fines. If the tracking device is placed on the property with an unlawful purpose, including stalking and harassment, then the offense rises to electronic stalking in the first degree. Generally, this offense is a Class C felony, punishable by 1-10 years’ imprisonment, but if the action is in violation of a protection order, the offense is a Class B felony, raising the sentence to 2-20 years’ imprisonment.
Further, Alabama criminalizes interference with a domestic violence emergency call. This offense, under §13A-6-137, is a Class B misdemeanor, punishable by up to six months in jail and fines of up to $3,000. The case of Latham v. State clarifies the application of stalking laws in Alabama, upholding a conviction for aggravated stalking when evidence of threats and violence suggested that the stalking behavior was repeated, as is required by statute.
If you have been accused of the crime of stalking, contact Ingram Law LLC or Joseph A. Ingram at joeingramlaw.com or 205-335-2640. Get Relief Get Results.