Washington D.C. Stalking Crime | Legal Definition, Penalties, and Defense Strategies

Under D.C. Code § 22–3133, stalking includes any course of conduct that involves following, monitoring, surveilling, or contacting another person without their consent, especially when done with intent to cause emotional harm. Common examples include:

• Repeatedly following someone or appearing at their workplace or residence
• Sending unwanted messages via phone, email, or social media
• Delivering unsolicited gifts after being asked to stop
• Damaging or tampering with someone’s personal property
• Impersonating someone online or disclosing personal data may constitute stalking when done repeatedly and in a manner that causes fear or significant emotional distress.

To prosecute stalking under Washington D.C. law, the following elements must be proven:

• A course of conduct: More than one act that shows a pattern
• Intent: The defendant must have acted with intent to cause fear or knew their actions would do so
• Impact: The victim must have suffered significant emotional distress or fear of bodily harm

This means that even if the defendant did not make explicit threats, stalking can be charged if their behavior reasonably caused fear or distress.

According to D.C. Code § 22–3133:

• Base offense: Up to 12 months in jail and/or a $2,500 fine
• With aggravating factors (e.g., weapon involvement, violation of protective order, victim under 18): Up to 5 years imprisonment
• Repeat offense: may result in enhanced penalties, and under specific circumstances, the charge may be elevated to a felony.

These provisions reflect the District’s intent to treat stalking as a precursor to more violent crimes.

In recent years, the D.C. Council amended its stalking statutes to:

• Lower the threshold from “intent to cause fear” to “knowing conduct that would reasonably cause fear”
• Broaden definitions to include digital and electronic communications
• Enable protective orders to be issued in cases involving stalking behavior, even without physical harm, as long as the victim provides sufficient evidence of fear or emotional distress.
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These changes make it easier for victims to obtain protection and for prosecutors to file charges.

Victims in D.C. can seek Civil Protection Orders (CPOs) through the Superior Court under the Intrafamily Offenses Act. These orders:

• Prohibit the stalker from contacting or approaching the victim
• May include temporary custody arrangements or eviction from shared housing
• Can last up to two years, with extensions possible

In addition, victims may receive assistance from the Crime Victims Compensation Program for counseling, relocation, and emergency housing.

Legal defense strategies commonly include:

• Lack of intent: Showing the conduct was unintentional or misunderstood
• Legitimate purpose: Demonstrating the interaction was for a legal reason (e.g., retrieving property, discussing shared responsibilities)
• Consent or mixed signals: Providing evidence that the alleged victim previously welcomed communication
• Isolated incident: Arguing the action was a one-time event without repetition or persistence
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A successful defense often relies on communication records, timelines, and character references.

When facing allegations, the accused should avoid:

• Any further contact with the accuser
• Deleting relevant communication history
• Publicly discussing the case on social media
• Retaliatory behavior

Immediate consultation with a criminal defense attorney is critical. The attorney can advise on how to respond to subpoenas, navigate police questioning, and prepare for hearings.

Effective documentation includes:

• Texts, call logs, voicemails, emails, and screenshots
• Photos or videos of the stalker’s presence near the home or workplace
• Statements from witnesses who observed the behavior
• Reports from mental health professionals confirming emotional distress

Submitting detailed records strengthens the legal foundation for both protective orders and criminal prosecution.