The recent North Carolina Court of Appeals decision in State v. Smith provides a useful opportunity to examine and clarify the elements of felony stalking under North Carolina law.
While the opinion doesn’t break new legal ground, it illustrates how courts apply the NC stalking laws in
In this post, we’ll break down some the key elements of North Carolina’s felony stalking law, using State v. Smith as a practical example.
Our focus will be on explaining some general legal principles and their application rather than delving deeply into the case’s specific facts.
It’s a good idea to consult with an experienced criminal defense lawyer about the specifics of your matter – Danny Glover, Outer Banks Criminal Defense Attorney
Overview of North Carolina’s Stalking Law
The North Carolina’s stalking statute, N.C. Gen. Stat. § 14-277.3A, provides a framework for addressing stalking and illegal harassing behavior.
The statute’s preamble references the impact of stalking on victims’ privacy and autonomy, as well as its potential for escalation.
Some key elements of North Carolina General Statute § 14-277.3A include:
- Recognition of stalking as a crime that can cause long-lasting impact on victims
- Acknowledgment of the connections between stalking, domestic violence, and sexual assault
- Expansive definition of stalking in NC to account for a wide range of potential acts, communications, and conduct
Felony Stalking in NC
To prove felony stalking in North Carolina, the prosecution must establish:
- Willful acts
- Harassment or Course of Conduct (more than one occasion)
- Lack of legal justification or purpose
- Knowledge that the pattern of conduct would cause a reasonable person to fear for their safety or suffer substantial emotional distress
- Prior stalking conviction or
- Court Order in place specifically prohibiting acts involving stalking and/or harassment
In State v. Smith, the defendant challenged the sufficiency of evidence for elements (b) and (d), providing an opportunity to examine those elements more closely.
Defining Harassment in Stalking Cases
The statute defines “harasses or harassment” as knowing conduct directed at a specific person that “torments, terrorizes, or terrifies that person and that serves no legitimate purpose.”
In Smith, the court reinforced that:
- “Torment” in this context can include conduct that annoys, pesters, or harasses
- Repeated, unwanted communication, even through third parties, can constitute harassment
- Continuing contact after being told to stop supports a finding of harassment
Understanding Substantial Emotional Distress
The stalking statute requires that the defendant facing criminal charges knows or should know their conduct would cause a reasonable person to suffer substantial emotional distress.
That highlights several important points:
- “Substantial emotional distress” includes significant mental suffering or distress
- It doesn’t necessarily require medical or professional treatment
- Changes in a victim’s lifestyle or daily habits can be evidence of substantial emotional distress
The Reasonable Person Standard
In applying the NC felony stalking statute, courts use a “reasonable person” standard, specifically defined as a “reasonable person in the victim’s circumstances.”
This allows for consideration of the victim’s specific situation when evaluating the impact of the alleged stalking behavior – Danny Glover, OBX Criminal Lawyer
Implications for Future Stalking Cases
While State v. Smith doesn’t dramatically alter North Carolina’s stalking law, it does reinforce several important principles that may impact future cases:
- Broad interpretation of harassment: The court’s interpretation of “harassment” encompasses a wide range of behaviors, including persistent unwanted communication and approaches.
- Importance of victim response: The victim’s requests to stop contact and efforts to avoid the defendant can be important evidence in establishing both harassment and substantial emotional distress.
- Evidence of emotional distress: Changes in a victim’s daily routines, social interactions, and mental health can all serve as evidence of substantial emotional distress, even without a formal medical diagnosis or treatment.
- Consideration of cumulative impact: The Court’s analysis emphasizes the importance of considering the totality and persistence of the defendant’s actions, rather than viewing each act in isolation.
State v. Smith serves as a valuable illustration of how North Carolina courts apply the felony stalking statute in North Carolina.
Key takeaways for legal practitioners and the public include:
- The breadth and expansive nature of behaviors that can constitute stalking under North Carolina law
- The legal system’s recognition of the serious nature of stalking and its potential for escalation
What is misdemeanor stalking in North Carolina?
Misdemeanor stalking in North Carolina is defined by N.C. Gen. Stat. § 14-277.3A. To be charged with misdemeanor stalking, the following factors may are relevant for consideration:
- Act with an intentional purpose – Intentional Conduct
- Engage in some form of harassing behavior or acts on at least two occasions
- Harass another person or engage in a course of conduct
- Perform actions directed at a specific individual, even if through a third party
- No legal purpose and/or no legitimate grounds for contacting or approaching the alleged victim
- Know or should know that the conduct would cause a reasonable person to: a.Fear for their safety or the safety of their immediate family or close personal associates, or b. Suffer substantial emotional distress by placing that person in fear of death, bodily injury, or continued harassment
Examples of behavior that might constitute misdemeanor stalking include:
- Repeatedly following a person
- Persistent unwanted communication (calls, texts, emails)
- Showing up uninvited at locations frequented by the person, such as at work, school, social settings, and even religious services
- Leaving unwanted items for the person
In North Carolina, a first-time stalking offense can be charged as a Class A1 misdemeanor. However, certain factors can elevate the charge to a felony.
If you’re facing a misdemeanor stalking charge, it’s advisable to seek legal counsel to understand your rights and potential consequences.
What is felony stalking in North Carolina?
Felony stalking in North Carolina is defined under N.C. Gen. Stat. § 14-277.3A. It involves the same basic conduct as misdemeanor stalking, but with additional factors that elevate the offense to a felony level.
A person may face felony stalking charges if they engage in stalking behavior and meet one of these conditions:
- Have a prior stalking conviction (misdemeanor or felony)
- Violate an existing court order prohibiting similar conduct
The core elements of felony stalking include:
- Intentional conduct: The actions must be deliberate and purposeful.
- Pattern of behavior: The conduct occurs repeatedly, not as an isolated incident.
- Specific targeting: The behavior is focused on a particular individual.
- Absence of legitimate purpose: The actions lack legal justification or lawful purpose.
- Awareness standard: The accused knows, or reasonably should know, that their behavior would lead a typical person in the victim’s position to either: a) Experience fear for personal safety or that of family or friends, or b) Endure considerable distress
Felony stalking is classified as a Class F felony in North Carolina (if the defendant has been previously pleaded guilty or convicted of a stalking offense. In the event the defendant violates a Court Order that is in effect, prohibiting the conduct set forth in that Court Order, the NC stalking law classifies that as a Class H felony.
Felony stalking charges in North Carolina carry more severe penalties than their misdemeanor counterpart.
Other factors that may exacerbate a felony stalking charge include:
- Assault on the alleged victim
- Assault with a Deadly Weapon
- Sexual Assaults
- Interfering with 911 Communications
- Communicating threats intended to cause reasonable fear of death or bodily harm
- Acts of Domestic Violence – Violations of Domestic Violence Protective Orders
Given the serious nature of felony stalking charges and their potential consequences, anyone accused of felony stalking in North Carolina should immediately consult with legal counsel. OBX lawyer Danny Glover is available for consultation for criminal charges on the Outer Banks and Elizabeth City NC.