Georgia Aggravated Stalking

The elements of an offense are the different factors that the State must prove beyond a reasonable doubt to secure a conviction on a particular charge. For the offense of aggravated stalking, the State must prove the following: 

• A protective order prohibited the Defendant from engaging in certain conduct concerning another person; 
• The Defendant followed the person, placed them under surveillance, or contacted the person without their consent;
• That Defendant’s act violated the protective order; and 
• The Defendant carried out the act to harass and intimidate the person.

A single incident of stalking is insufficient to prove aggravated stalking. There must be a pattern of harassing and intimidating behavior.

What Does “Follow” Mean?

There is no exact definition of “following” someone. However, the Georgia Court of Appeals has found that “following” someone includes a person going to a place they know or believe the alleged victim has gone and where the alleged victim can be found.

What Counts as “Contact?”

What amounts to “contact” with someone depends on the facts of each case. The Georgia Court of Appeals has found that contact can include but is not limited to, driving slowly past a person’s home on a dead-end street or sending letters to a person after a protective order was granted.