What Happens if You Stalk People in Mississippi?

What Happens If You Stalk People in Mississippi?

Stalking is a crime in Mississippi. Many people dismiss conduct like repeatedly following an ex, sending persistent unwanted messages, or tracking someone through social media or dating apps. But under Mississippi law, these acts can lead to criminal charges and serious penalties. Stalking is governed by state law. The statute defines stalking broadly. It covers both in-person and electronic conduct. This article explains what the law covers, what counts as stalking, how charges are brought, and the penalties a conviction carries. It also explains the difference between misdemeanor and felony charges.

Examples of Stalking in Mississippi

Mississippi's stalking statute covers a wide range of conduct. In November of 2022, an individual in Oxford was arrested after allegedly using a dating app to stalk a victim who reported the behavior to police. The defendant was issued a fifteen-thousand-dollar bond.

That case illustrates an important point: stalking does not require physical following. The statute reaches many categories of conduct, including:

• Repeated following or surveillance – physically trailing someone in public or watching their home or workplace
• Unwanted communication – persistent phone calls, text messages, emails, or social media messages after the person has made clear the contact is not welcome
• Cyberstalking – harassment through dating apps, fake social media accounts, or other social media platforms
• Showing up uninvited – appearing at a person's home, workplace, school, or other locations without invitation
• Using GPS or tracking devices – placing a tracker on someone's vehicle or monitoring their movements through technology

The law does not require a romantic relationship between the parties. In December of 2021, multiple University of Mississippi fraternity members were arrested for cyberstalking a former member who had reported a hazing incident. Any pattern of conduct directed at a specific person that would cause a reasonable person to feel fear can qualify.

When Stalking Escalates: Aggravated Stalking in Mississippi

Under Mississippi law, certain circumstances elevate a stalking offense from a misdemeanor to a felony. This elevated offense is called aggravated stalking. These aggravating factors include:

• Use or display of a deadly weapon – when at least one act involves a deadly weapon with the intent to place the victim in reasonable fear of death or great bodily injury
• Prior stalking convictions – when the offender has been convicted of stalking or aggravated stalking within the past seven years, whether against the same victim or a different one
• Registered sex offender status – when the offender is required to register as a sex offender and the victim is under eighteen years of age

Prosecutors pursue aggravated stalking charges when the facts show one of these factors. A complaint may start as a misdemeanor stalking investigation. It can escalate to a felony after law enforcement discovers a weapon, a prior record, or the offender's registration status. Stalking that occurs while a protective order is in effect also carries enhanced penalties. This applies even if the conduct does not meet the full aggravated stalking threshold.

Because aggravated stalking is a felony, the stakes are significantly higher at every stage – from arrest through sentencing.

Penalties for a Stalking Conviction in Mississippi

Mississippi law sets out distinct penalty ranges based on the severity of the offense.

Misdemeanor stalking carries up to one year in county jail, a fine of up to one thousand dollars, or both. If the offense occurs while a valid protective order, restraining order, or court-approved consent agreement protecting the same person is in effect against the defendant, the maximum fine increases to fifteen hundred dollars. In that situation the statute calls for both a jail term of up to one year and the fine.

Aggravated stalking is a felony. The general penalty is up to five years in the custody of the Mississippi Department of Corrections and a fine of up to three thousand dollars. When the offender is a registered sex offender and the victim is under eighteen, the maximum sentence increases to six years. The fine is set at four thousand dollars.

Beyond the sentence itself, a stalking conviction can trigger significant collateral consequences. Upon conviction the sentencing court must consider an order barring any contact with the victim. The court may also require psychiatric or psychological counseling, at the defendant’s own expense, as a condition of probation or a suspended sentence. A felony conviction can affect employment, housing, and professional licensing. Under federal law, a conviction involving an intimate partner may result in firearms restrictions. Non-citizens may face immigration consequences depending on the circumstances.

How Stalking Charges Are Brought in Mississippi

A stalking case in Mississippi typically begins when a victim reports a pattern of unwanted conduct to law enforcement. The victim may also seek a protective order through the courts at the same time. Law enforcement officers investigate using a Uniform Offense Report prescribed by the Attorney General's office.

To bring stalking charges, prosecutors must show two things. First, the defendant purposefully engaged in a "course of conduct" directed at a specific person. Alternatively, the defendant made a credible threat. Second, the defendant knew or should have known the conduct would cause a reasonable person to fear for their safety, the safety of another, or damage to their property.

The statute defines a course of conduct as a pattern of two or more acts over any period of time. These acts must show a continuity of purpose. Notably, the law states that it is not a defense that the defendant was never told the contact was unwanted. It is also not a defense that the defendant did not intend to cause fear.

At the charging stage, the distinction between misdemeanor stalking and felony aggravated stalking depends on whether aggravating factors are present. After arrest, a defendant can expect an initial appearance before a judge. At this hearing, bond conditions are set. These conditions commonly include a no-contact order with the alleged victim. The case then proceeds to arraignment, where formal charges are read and a plea is entered.

Anyone facing charges for stalking should understand that violating bond conditions – especially a no-contact order – can result in additional criminal charges.

Possible Defenses to Stalking Charges

Several defense theories may apply in Mississippi stalking cases, depending on the facts.

• Lack of a pattern of conduct – The statute requires two or more acts showing a continuity of purpose. Isolated incidents may not meet that threshold.
• Absence of the fear element – Prosecutors must prove the conduct would cause a reasonable person to feel fear. If the alleged conduct does not rise to that level, the charge may be challenged.
• Mistaken identity – In cyberstalking cases, questions about internet protocol address attribution, account ownership, or device access can create reasonable doubt about who sent the messages.
• First Amendment protection – The statute explicitly states that constitutionally protected activity is not prohibited. Certain speech or expression may fall outside the statute's reach.
• Consent or relationship context – Evidence that contact was mutual or welcomed may undermine the claim that the conduct was unwanted.

Which defenses apply depends entirely on the specific facts and circumstances. An attorney should evaluate the charge, the evidence, and the applicable law before deciding on a strategy.

Talk to a Mississippi Stalking Defense Attorney

If you have been arrested or contacted by law enforcement about a stalking investigation, take the situation seriously. Do not speak with police without an attorney present. Do not attempt to contact the alleged victim. Even an attempt to "explain your side" can lead to additional charges or a bond violation.

Preserve any text messages, emails, social media records, or other communications that may support your defense. These records can be critical evidence.

Vic Carmody, Jr., P.A. handles stalking and other criminal defense matters throughout Mississippi. Call today for a confidential consultation to discuss your charge, the statute, and possible defense strategies. Every case is different, and results depend on the specific facts and circumstances.

Frequently Asked Questions About Stalking in Mississippi

Is Stalking a Felony in Mississippi?

Stalking is generally a misdemeanor in Mississippi. It becomes a felony called aggravated stalking when certain factors are present. These factors include use or display of a deadly weapon intended to place the victim in fear of death or great bodily injury, a prior stalking conviction within seven years, or the offender being a registered sex offender when the victim is under eighteen. The classification depends on the specific circumstances of the offense.

What Are the Penalties for Aggravated Stalking in Mississippi?

Aggravated stalking is a felony. The standard penalty is up to five years in the custody of the Department of Corrections and a fine of up to three thousand dollars. If the offender is a registered sex offender and the victim is under eighteen, the penalty increases to up to six years and a fine of four thousand dollars. The court may also order no-contact provisions and counseling.

What Has to Be Proven for Stalking Charges in Mississippi?

Under Mississippi law, prosecutors must prove that the defendant purposefully engaged in a course of conduct or made a credible threat. This means two or more acts showing a continuity of purpose. The acts must be directed at a specific person. Prosecutors must also prove that the defendant knew or should have known the conduct would cause a reasonable person to fear for their safety, the safety of another person, or damage to their property. The law specifies that neither a lack of notice nor a lack of intent to cause fear is a defense.

Can You Be Charged With Stalking for Social Media Activity in Mississippi?

Yes. The statute covers electronic communication, including social media messages, emails, and contact through dating apps. Online harassment can count as a course of conduct under the stalking statute. Mississippi also has a separate cyberstalking offense in its computer crimes chapter. It covers repeated electronic messages sent to threaten, terrify, or harass, and it is charged as a felony. If the behavior meets the statutory elements – a pattern of conduct that would cause a reasonable person fear – it may result in stalking charges. This applies regardless of whether the contact was in person.

What Should I Do if I've Been Accused of Stalking in Mississippi?

Do not contact the alleged victim or discuss the case with anyone other than your attorney. Preserve all communications, including text messages, emails, and social media records, as they may be relevant to your defense. Contact a criminal defense lawyer as soon as possible to discuss the specific facts of your case and your legal options.