What defenses exist for stalking charges under Georgia law?
Stalking in Georgia involves a pattern of conduct directed at another person that causes them to fear for their safety, and the offense includes specific elements relating to the conduct and its effect. A defense turns on whether the prosecution can actually establish each of those elements.
The pattern of conduct is a key element. Stalking generally requires a course of conduct, meaning more than an isolated incident, involving following, contacting, or surveilling another person. Whether the conduct rises to the required pattern, rather than being a single or incidental event, can be examined.
Beyond that, the element of intent and effect is significant. The offense generally requires that the conduct was directed at a person in a manner that would cause a reasonable person to fear for their safety. Whether the conduct was directed with the required purpose, and whether it meets the standard for causing such fear, can be relevant.
The nature of the contact can be examined. Because the offense involves contact or surveillance without consent, questions can arise about whether the conduct was unwanted and whether it falls within the scope of the statute, as opposed to lawful or incidental contact. The character of the contact is relevant here.
Defending a stalking charge generally focuses on whether the conduct formed the required pattern and whether it meets the standard for causing fear. What separates stalking from ordinary, if unwelcome, contact is the combination of a sustained course of conduct and an effect that a reasonable person would experience as a threat to their safety.