What Is Considered Stalking in New Hampshire?

Stalking is a serious offense that can cause significant distress and harm to individuals. To protect residents, New Hampshire has enacted laws explicitly addressing stalking behavior. Examples of stalking may include unwanted communications, threatening violence, sending unwanted gifts, or repeatedly appearing at a victim’s residence, workplace, or other locations they frequent. 

According to RSA 633:3-a, targeting a specific person and causing fear of personal safety or violating a restraining order is a Class A misdemeanor or Class B felony if it is a second or subsequent offense. Speak with our experienced New Hampshire criminal defense lawyer at Hayes Law, PLLC if you are accused of stalking. With years of experienced and tailored defense strategies, we are prepared to protect your rights. 

Overview of Stalking Laws in New Hampshire 

Under New Hampshire laws, stalking is broadly defined as engaging in a course of conduct with the purpose of causing fear, intimidation, or emotional distress to another individual. It involves a pattern of behavior that, when taken as a whole, would reasonably cause the victim to fear for their personal safety or the safety of family members. 

Under RSA 633:3-a, there are several ways that an individual may be accused of stalking, including the following: 

• Course of conduct: Stalking requires a repeated pattern of behavior. A single incident may not qualify as stalking unless it is part of a larger pattern of conduct directed toward a victim. This behavior would cause a reasonable person to fear for their safety.
• Intention: The alleged stalker must have the purpose of causing fear, intimidation, or emotional distress to the victim. 
• Reasonable fear or distress: The victim must reasonably fear for their safety or the safety of their family members, especially in cases when there is an existing no-contact order prohibiting the suspect from contacting the alleged victim.

Stalking behavior can take various forms. While the specific circumstances may vary from case to case, examples of actions that may constitute stalking include the following: 

• Engaging in unwanted and excessive phone calls, text messages, or emails
• Following, approaching, or confronting a victim 
• Engaging in surveillance activities
• Threats of violence, harm, or property damage 
• Sending unwanted gifts, letters, or packages 
• Monitoring a victim’s online presence or activities
• Trespassing or repeatedly appearing at a victim’s residence, workplace, or other locations where they frequent. 
• Threatening the safety of the victim or immediate family members 

Individuals who feel they are the victim of stalking may seek a protective order preventing an individual from contacting them. If you are charged with violating a protective order, you may be in contempt of court and face serious consequences. 

Penalties For Stalking in New Hampshire 

Stalking is considered a criminal offense. The penalties for stalking vary based on the severity of the conduct and any previous criminal record of the offender. The following may be legal penalties for stalking: 

• If convicted of a Class A misdemeanor, you face up to a year in jail, up to a $2,000 fine, and probation.
• If convicted of a Class B felony, you face 3.5 to 7 years imprisonment, up to a $4,000 fine, and up to 5 years of probation.

If you have been accused of stalking, speak with a knowledgeable criminal defense lawyer promptly for an assessment of your case. We can determine your best legal options and guide you through the legal process. 

Contact a Criminal Defense Lawyer at Hayes Law, PLLC 

If you are accused of stalking in New Hampshire, seeking the help of our criminal defense lawyer at Hayes Law, PLLC is imperative. We are skilled in handling stalking cases and can provide guidance, support, and legal representation throughout the entire process. Doing so ensures your rights are protected and that you have the best possible chance of obtaining a fair outcome. 

Request a free consultation today by calling (978) 314-4950 or filling out a contact form.