Washington D.C. Stalking Behavior

The law does not require a direct threat for conduct to qualify as stalking. Instead, courts examine the following:

• Repeated conduct: The behavior must occur on two or more occasions.
• Intent or knowledge: The offender must intend or know that their behavior causes distress.
• Impact on the victim: The victim must experience fear, serious alarm, or emotional distress.
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Typical stalking behaviors include:

• Following someone or showing up uninvited at home, school, or work
• Leaving unwanted gifts or letters
• Vandalizing property near the victim’s residence
• Impersonating the victim online
• Repeatedly contacting the person via phone, text, or social media

Washington D.C. courts have held that even non-verbal actions—such as pounding on a wall repeatedly—may qualify as stalking if they provoke persistent fear.

Stalking penalties have significantly increased in recent years. Under current law:

• Basic stalking: Up to 1 year in jail or $2,500 fine
• Aggravated stalking (with threats, weapons, or against minors): Up to 5 years in prison
• Protective order violations during stalking may result in additional charges

Furthermore, stalking is no longer a “consent-driven” crime. The victim’s willingness to forgive or remain silent does not bar prosecution.

To successfully file a complaint or defend against one, these forms of evidence are often critical:

• Digital Communications: Save text messages, emails, voicemails, and social media messages. Screenshots must clearly show timestamps and sender information.
• Physical Evidence: Unwanted gifts, handwritten notes, or damaged property near the victim’s home.
• Surveillance Footage: Footage from building entry cameras or private dashcams can help trace the stalker’s movements.
• Medical or Psychological Records: Therapy notes, diagnosis, or stress-related medical documents may prove emotional distress.
• Witness Statements: Colleagues, neighbors, or friends who observed repeated harassment should provide written testimony.

In D.C., illegally obtained evidence is inadmissible in court and may subject the collector to criminal charges. For example:

• Accessing someone’s phone or social account without consent violates privacy laws (D.C. Code § 22–3227.03).
• Installing hidden cameras or trackers in homes, vehicles, or bags is unlawful without a warrant.
• Recording private conversations without at least one party's consent is illegal under the District's “one-party consent” wiretap rule (D.C. Code § 23–542).

Therefore, victims should focus on preserving evidence from personal devices and shared environments, or seek assistance from licensed investigators.

Victims are advised to take proactive steps to ensure their safety:

• Call 911 immediately if actively threatened or followed
• Apply for a Civil Protection Order (CPO) under D.C. Superior Court. This order can bar contact, impose GPS tracking, and restrict proximity.
• File a police report and initiate criminal proceedings
• Request relocation or housing protection, especially in cases involving domestic abuse
• Seek civil compensation for emotional distress or property damage

The D.C. Crime Victims Compensation Program may also assist with relocation costs, therapy fees, or legal expenses.

If you are accused of stalking, do not attempt direct contact with the complainant. Instead:

• Retain legal counsel immediately
• Avoid deleting digital records, which may be needed for defense
• Gather evidence showing consent, misidentification, or lack of intent
• Prepare for a civil protection hearing, which is separate from criminal trials

Being cooperative and demonstrating remorse may affect charging decisions or sentencing outcomes.