Harassment Stalking
Harassment Stalking Lawyers in Myrtle Beach are necessary for any such charge. Below is a summary of the penalties and elements of each of these crimes.
HARASSMENT, 1ST DEGREE
Elements Of The Offense:
A.
1. That the accused used a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose.
2. The accused caused the person (and would have caused a reasonable person) to suffer mental or emotional distress.
3. Harassment, 1st degree may include, but is not limited to:
a. Following the person as he moves from location to location;
b. Visual or physical contact that is initiated, maintained, or repeated after a person has been provided oral or written notice that the contact is unwarranted or after the victim has filed an incident report with a law enforcement agency;
c. Surveillance of or the maintenance of a presence near the person’s:
i. residence
ii. place of work
iii. school, or
iv. another place regularly occupied or visited by the person; and
d. Vandalism and property damage.
Penalty:
§16-3-1720 (A): Fine of not more than $1000, imprisonment for not more than 3 years, or both. (Misdemeanor)
§16-3-1720 (B): Fine of not more than $2000, imprisonment not more than 3 years, or both. Subject falls under this subsection when an injunction or restraining order is in effect prohibiting this conduct. (Misdemeanor)
§16-3-1720 (C): Fine of not more than $5,000, imprisonment for not more than 5 years, or both. Subject falls under this subsection when the person has a prior conviction of harassment or stalking within the preceding 10 years. (Felony)
In addition to the above penalties, a person convicted of Harassment, 1st Degree who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fine $1000 or imprisoned 1 year, or both.
Harassment 2nd Degree
Elements Of The Offense:
1. The accused used a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose.
2. The accused causes the person (and would cause a reasonable person) to suffer mental or emotional distress.
3. Harassment, 2nd degree may include, but is not limited to, verbal, written, or electronic contact that is initiated, maintained, or repeated.
Penalty:
§16-3-1710 (A): Fine of not more than $200, imprisonment for not more than 30 days, or both. (Misdemeanor)
§16-3-1710 (B): Fine of not more than $1000, imprisonment not more than 1 year, or both. Subject falls under this subsection if 1) the person has a prior conviction of harassment or stalking within the preceding 10 years or 2) at the time of the harassment an injunction or restraining order was in effect prohibiting the harassment. (Misdemeanor)
In addition to the above penalties, a person convicted of Harassment, 2nd Degree who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fine $200 or imprisoned thirty days, or both.
Harassment Stalking Lawyer Myrtle Beach
Elements Of The Offense of Stalking:
1. That the accused used a pattern of words whether verbal, written, or electronic or a pattern of conduct that serves no legitimate purpose.
2. That the accused intended to cause and did cause a person (and would have caused a reasonable person) to fear:
a. Death of the person or a member of his family,
b. Assault upon the person or a member of his family,
c. Bodily injury to the person or a member of his family,
d. Criminal sexual conduct on the person or a member of his family,
e. Kidnapping of the person or a member of his family, or
f. Damage to the property of the person or a member of his family
Penalty:
§16-3-1730 (A): Fine of not more than $5000, imprisonment for not more than 5 years, or both. (Felony)
§16-3-1730 (B): Fine of not more than $7000, imprisonment not more than 10 years, or both. Subject falls under this subsection when an injunction or restraining order is in effect prohibiting this conduct. (Felony)
§16-3-1730 (C): Fine of not more than $10,000, imprisonment for not more than 15 years, or both. Subject falls under this subsection when the person has a prior conviction of harassment or stalking within the preceding 10 years. (Felony)
In addition to the above penalties, a person convicted of Stalking who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fine $1000 or imprisoned 1 year, or both.
Harassment Stalking Lawyers Myrtle Beach
The Harassment Stalking Lawyers at the Lovely Law Firm can defend your stalking, harassment charge or any assault crimes you have been charged with. We take the facts of your case and develop a unique criminal defense to protect your rights.
Contact Us online or call 843-839-4111 to speak with Justin M. Lovely or Amy S. Lawrence about your assault crime.