Elements of the Crime of Stalking
Generally, the crime of stalking seems to be one that is too contentious as it appears to be on the verge of overlapping so as to curtain constitutional rights if not well handled.
For instance, the appellant, Nathan argues that what he did was merely trying to save his marriage, which can be seen as protecting a social institution. It is therefore advisable therefore that the following elements are key in defining the crime of Stalking;
Any conduct or action done by an individual, directed to another with the knowledge that such a conduct would cause the other person to fear for themselves of bodily injury or death is one element of stalking.
The injury feared may be in the possibility of happening to the person who is the direct recipient of such a conduct, their family members, their property or the property of such a family member. This conduct could be in the form of following someone or causing yourself to be where you know the other person will be too. Physical threats may also be included into the bracket of conduct as they form actions.
It is required that to prove the crime of stalking, the person to whom the conduct is directed is made to fear. If the person themselves cannot be used to prove this, the test for a reasonable man is employed.
The time factor in hinted in statute or precedence. As such, the case can be construed to mean both the frequency of the conduct as well as the chain of events within which the conduct is done. Statute and other legal literature may require that the following or the action that causes fear in the other person has to be on more than one occasion.
This is the frequency of the conduct. This may also involve talks of a scheme or course as regards the conduct. This means that until a given desired result is obtained by the stalker, they ae unlikely to stop. The conduct is, therefore, is just but a means towards achieving the end result which may be bodily injury or even death.