What is the legal definition of stalking?
Stalking is when someone repeatedly harasses you and it reasonably makes you feel terrorized, frightened, intimidated, threatened, harassed, or bothered (“molested”).1 For the purposes of getting a protection order, you’re also considered a victim of stalking if anyone, regardless of your relationship with that person, has threatened to stalk you or made you fear that s/he is going to stalk you.2
Harassment is when someone behaves toward you in a way that is done without care for whether you will experience emotional distress and, in fact, you do feel emotional distress. It includes actions such as:
- following you or appearing within your sight;
- approaching you or confronting you in a public place or on private property;
- contacting you without your consent by phone, mail, email, text message, or any other type of electronic message sent using the Internet, a website, or a social media platform;
- showing up at your house or job, whether or not s/he comes inside;
- entering or remaining on property that you own, lease, or occupy; and
- sending or placing an object on your property.3
The harassment must be part of a “course of conduct.” This means a pattern of conduct made up of two or more separate acts committed by the stalker directly, indirectly, or through third parties. It is also considered a “course of conduct” when the harasser puts an electronic tracking device on you or your property without your permission, even if this is only done once.4
1 Tenn. Code § 39-17-315(a)(4)
2 Tenn. Code § 36-3-601(12)
3 Tenn. Code § 39-17-315(a)(3), (a)(5)
4 Tenn. Code § 39-17-315(a)(1)