D.G. Moore is a highly skilled Michigan criminal defense attorney with extensive experience in defending clients against stalking and aggravated stalking charges under MCL 750.411h and MCL 750.411i. This guide provides a comprehensive overview of Michigan’s stalking laws, penalties, and available defenses.

Sections 750.411h and 750.411i Michigan Legislature: Stalking and Aggravated Stalking Laws

In Michigan, Section 750.411h defines “stalking” as a misdemeanor, while Section 750.411i defines “aggravated stalking” as a felony, both involving a willful course of conduct causing a victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

What Is Stalking Under Michigan Law?

Stalking is a criminal offense in Michigan defined under MCL 750.411h. It involves a course of conduct involving repeated or continuous harassment of another person. This conduct involving repeated harassment would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

This crime does not require physical contact but rather focuses on persistent unwanted behaviors. Means conduct directed at the victim can include various forms of unconsented contact. Such contact can be against the individual’s expressed desire and may involve electronic communications.

Key Elements of Stalking (MCL 750.411h): Course of Conduct Involving

1. Course of Conduct – A pattern of at least two separate incidents of unconsented contact. This can include separate noncontinuous acts evidencing a pattern of behavior.
2. Intentional Harassment – The actions must be directed at a specific individual.
3. Reasonable Fear or Distress – The behavior must cause actual emotional distress or fear. The individual must have actual notice of the restraining order or injunction for the action to constitute aggravated stalking.

Full text of MCL 750.411h – Michigan Legislature

What Is Aggravated Stalking in Michigan? Reasonable Person Standard

Aggravated stalking is a more serious form of stalking, defined under MCL 750.411i. It involves the same repeated harassment but with additional aggravating factors, such as:

• A prior stalking conviction against the same victim.
• Violation of a restraining order, probation, parole, pretrial release, or bond pending appeal.
• Credible threats of harm to the victim, their family, or someone in their household. These threats can include the intent to inflict physical injury, causing the victim to fear for his or her safety.
• The victim is under 18 years old, and the defendant is at least five years older.

Penalties for aggravated stalking can be imposed in addition to any other criminal offense arising from the same conduct.

Full text of MCL 750.411i – Michigan Legislature

Penalties for Stalking and Aggravated Stalking in Michigan

The severity of the penalties depends on the classification of the offense:

Penalties for stalking may also be imposed in addition to penalties for any other criminal offense arising from the same conduct.

Michigan Court Sentencing Guidelines

Additional Consequences of a Stalking Conviction: Suffer Emotional Distress

Beyond imprisonment and fines, a stalking or aggravated stalking conviction can have long-term repercussions:

• Restraining orders prohibiting contact with the victim
• Loss of firearm rights (especially in aggravated cases)
• Difficulty finding employment and housing
• Loss of professional licenses
• Damage to reputation and social relationships
• Court-ordered counseling at his or her own expense

Defenses Against Stalking Charges

An experienced defense attorney can employ several strategies to challenge stalking charges, such as:

• Arguing that the defendant’s actions did not constitute a credible threat.
• Demonstrating that the alleged victim did not suffer emotional distress.
• Providing evidence that the contact was consensual or misinterpreted.

In legal terms, emotional distress means significant mental suffering, which may not require medical treatment. Repeated unconsented contact can cause a reasonable individual to suffer emotional distress, establishing grounds for prosecution in stalking cases.

1. Lack of Intent

• The defendant did not intend to cause fear or distress.

2. False Allegations

• The accusations were made up or exaggerated due to personal disputes or misunderstandings.

3. Constitutionally Protected Behavior

• The conduct in question falls under free speech or legal activities.

4. No Pattern of Harassment

• If the prosecution cannot prove a pattern of unconsented contact, the charges may be dismissed.

Know Your Rights – ACLU

Why You Need a Michigan Criminal Defense Lawyer

A stalking or aggravated stalking conviction can destroy your future, leading to prison time, heavy fines, and a permanent criminal record. D.G. Moore has decades of experience successfully defending clients against stalking charges in Michigan. He will aggressively challenge the prosecution’s case and fight for your rights, freedom, and reputation.

Don’t take chances with your future. Call D.G. Moore Law at (269) 808-8007 for a confidential consultation today.

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Frequently Asked Questions 

Is Stalking a Felony in Michigan?

Misdemeanor stalking is punishable by up to 1 year in jail, while aggravated stalking is a felony punishable by up to 10 years in prison in certain cases.

What Qualifies as Unconsented Contact? Electronic Communications

Unconsented contact includes repeated phone calls, texts, emails, following the person, appearing at their home or work, or leaving unwanted gifts.

Can a Stalking Charge Be Dropped?

Yes, charges may be dropped if the prosecution lacks evidence, the conduct was misinterpreted, or the accused had legitimate reasons for contact.

Can Stalking Lead to a Restraining Order?

Yes, victims of stalking can request a Personal Protection Order (PPO), which legally bars the accused from contacting them.

What Should I Do If I’m Charged with Stalking?

• Do not contact the alleged victim.
• Do not attempt to explain your side to police without an attorney.
• Gather any evidence proving your innocence.
• Hire an experienced criminal defense lawyer immediately.