Washington D.C. Anti-Stalking Law | Types of Stalking and Legal Defense Strategies

Under D.C. Code § 22–3133, stalking is defined as a course of conduct directed at a specific individual that would cause a reasonable person to feel seriously alarmed, disturbed, or fear bodily harm.

The intent of the actor and the actual effect on the alleged victim are both important considerations. Following the 2020 amendment to the Intrafamily Offenses Act, stalking cases in Washington D.C. are now pursued more aggressively, often without requiring a victim’s complaint.

Stalking does not require physical harm. Even persistent digital contact or surveillance may lead to prosecution if it is unwanted and causes psychological distress.

The law recognizes various stalking behaviors that range from physical following to online harassment. Recognizing the type of alleged conduct is the first step in forming a legal strategy.

Types of Stalking and Behavior Examples:

Even if some of these actions are intended as gestures or expressions of affection, they may still be prosecuted as stalking if they are unwelcome and persistent.

For a stalking charge to proceed under Washington D.C. law, four specific conditions must be satisfied:

1. Conduct Against the Victim’s Will
   The behavior must be unsolicited and unwanted by the recipient.
2. Lack of Legitimate Purpose
   Actions that have a valid legal or contractual purpose, such as retrieving personal property, are generally excluded.
3. Repeated or Ongoing Behavior
   Stalking requires more than a one-time action. There must be a pattern of conduct.
4. Emotional Distress or Fear
   The accused’s actions must reasonably cause emotional disturbance, anxiety, or fear of harm.

For example, sending a single message requesting repayment for a loan may not meet the statutory standard. However, repeated demands in a threatening tone could be classified as stalking.

The severity of punishment under D.C. law depends on aggravating factors such as prior offenses, use of weapons, or targeting minors. Penalties include:

• Basic Stalking Offense: Up to 1 year in jail and/or a $2,500 fine
• Repeat or Aggravated Offense: Up to 5 years in prison and/or a $12,500 fine
• Felony Classification: If stalking involves threats, weapons, or prior convictions

In addition to incarceration or fines, courts may impose mandatory counseling, no-contact orders, community service, or electronic monitoring.

A protective or temporary restraining order issued under stalking allegations can be appealed to the D.C. Superior Court. An appeal must be filed within 14 days of issuance, citing substantial error or lack of justification.

If the appeal is denied and legal grounds remain strong, the case may proceed to the D.C. Court of Appeals. However, courts usually uphold protective orders unless procedural violations are evident.

Challenging a stalking accusation requires proactive evidence and legal analysis. Effective defenses may include:

Justifiable Purpose
Demonstrating that the contact had a legitimate reason—such as resolving a business matter or retrieving property.

Isolated Incident
Proving that the conduct occurred once or twice, which fails the “course of conduct” requirement.

Consent or Mutual Interaction
Showing that the other party participated willingly or responded positively in prior interactions.

Absence of Harm or Threat
Arguing that the accused did not instill fear or cause emotional harm, nor did they intend to do so.

Each defense should be supported by evidence such as text messages, call logs, video footage, or witness testimony. Representation by legal counsel is highly recommended in stalking cases due to their criminal nature and the potential long-term impact on personal freedom and reputation.