Being accused of stalking in Utah is a very serious matter. While many people think of stalking as following someone around, the law actually covers a broad range of behaviors, including repeated unwanted contact, surveillance, or communications that cause a person to fear for their safety. Stalking charges often arise out of personal disputes, breakups, or misunderstandings, but the consequences are real, potential felony charges, jail or prison time, fines, and long-term protective orders.
If you or a loved one is facing a stalking allegation, it is critical to act quickly. Even a first-time accusation can carry lasting consequences, including possible restrictions on where you can go, who you can contact, and whether you can own firearms.
Stalking Defense Attorney in Utah
At Susanne Gustin, Attorney at Law, we understand how frightening stalking charges can be. Susanne Gustin has decades of experience defending clients accused of serious crimes in Utah and has successfully represented individuals in cases involving stalking, harassment, and other sensitive offenses.
Our firm is committed to protecting your constitutional rights, building a strong defense, and ensuring that your side of the story is heard. If you’ve been charged, you should not attempt to explain yourself to police or the alleged victim without legal counsel, everything you say can and will be used against you.
Call Susanne Gustin, Attorney at Law, at (801) 243-2814 for a confidential consultation today.
Information Center
- Understanding the Stalking Law in Utah
- Types of Conduct that Lead to Stalking Charges
- Key Elements a Jury Considers in Stalking Cases
- Penalties for Stalking in Utah
- Statute of Limitations for Stalking in Utah
- Defenses to Stalking Charges in Utah
- Frequently Asked Questions
- Additional Resources
Understanding the Stalking Law in Utah
Stalking is defined under Utah Code § 76-5-106.5. A person commits stalking when they intentionally or knowingly engage in a “course of conduct” directed at a specific person that would cause a reasonable person to:
- Fear for their own safety or the safety of a family member, or
- Suffer significant emotional distress.
A “course of conduct” means two or more acts directed at a person, including following, monitoring, observing, surveilling, threatening, communicating to or about them, interfering with their property, or using technology to track their movements.
Protected individuals under this statute include not only the direct alleged victim but also family members, romantic partners, or household members.
Types of Conduct that Lead to Stalking Charges
Law enforcement typically considers stalking charges in cases involving:
- Following someone repeatedly to their home, work, or school
- Repeated phone calls, texts, or emails after being told to stop
- Using social media or GPS devices to track a person’s movements
- Taking unwanted photos or videos of the alleged victim
- Leaving unwanted gifts or showing up uninvited to a person’s home or events
These behaviors, even when intended as attempts at communication or reconciliation, can be interpreted by the court as stalking if they cause fear or emotional distress.
Key Elements a Jury Considers in Stalking Cases
- Proof of Intent — Jurors must determine whether the defendant acted knowingly or intentionally rather than by accident.
- Course of Conduct — The law requires two or more separate acts. A single incident is not enough.
- Fear or Emotional Distress — Jurors evaluate whether a reasonable person in the accuser’s position would feel afraid or distressed.
- Credibility of Testimony — Since many stalking cases rely on testimony, the believability of the alleged victim and any witnesses is crucial.
- Corroborating Evidence — Messages, surveillance footage, GPS data, and phone records can strongly influence jury decisions.
Penalties for Stalking in Utah
Stalking in Utah carries increasingly severe penalties depending on whether the conduct is considered a first offense, whether the accused has prior convictions, and whether aggravating factors are present.
Class A Misdemeanor (First-Time Offense)
- Up to 364 days in jail
- Fines of up to $2,500
- Possible issuance of a restraining order or protective order
This level usually applies when the accused has no prior stalking convictions and no aggravating circumstances are alleged.
Third-Degree Felony
Stalking becomes a third-degree felony (up to 5 years in prison and a fine of up to $5,000) when aggravating factors are present, such as:
- Prior Conviction for Stalking — If the defendant has been previously convicted of stalking or a similar offense.
- Violation of a Protective Order — If the alleged stalking conduct occurred while a protective order, restraining order, or injunction was already in place.
- Possession or Use of a Weapon — If the stalking conduct involved carrying or brandishing a firearm or other dangerous weapon.
- Targeting of a Child or Vulnerable Person — If the victim is a minor, elderly, or otherwise especially vulnerable.
Second-Degree Felony
Stalking can be enhanced to a second-degree felony (punishable by 1 to 15 years in prison and fines of up to $10,000) under even more serious circumstances, including:
- Repeat Offenses — If the defendant has two or more prior stalking convictions.
- Escalating Threats or Violence — If the stalking involves credible threats of death or serious bodily injury, or if the behavior escalates into physical harm.
- Use of Technology to Intensify Harassment — If GPS devices, spyware, or other invasive surveillance technology are used to track or monitor the alleged victim in ways that substantially increase the fear or distress.
Collateral Consequences of Stalking Convictions
In addition to jail or prison time, a stalking conviction may also result in:
- Permanent Protective Orders — Even after serving a sentence, courts may impose lifelong restrictions on contacting the alleged victim.
- Loss of Firearm Rights — A felony stalking conviction generally results in a permanent prohibition on owning or possessing firearms under both Utah and federal law.
- Employment Consequences — Convictions can appear on background checks, limiting career opportunities in education, law enforcement, healthcare, and other licensed professions.
- Immigration Consequences — For non-citizens, a stalking conviction may be considered a deportable offense.
Statute of Limitations for Stalking in Utah
In Utah, the statute of limitations for stalking charges typically depends on the classification of the offense. For misdemeanor-level stalking, the statute of limitations is generally two years. For felony stalking charges, the prosecution usually has four years to file charges. However, these time limits can vary depending on the facts of the case, so it is important to consult with a defense attorney as soon as possible if you believe you may be under investigation.
Defenses to Stalking Charges in Utah
Every case is unique, but some common defenses to stalking include:
- Lack of Intent — The prosecution must prove that the defendant knowingly or intentionally engaged in the alleged conduct. For example, accidentally running into someone multiple times in public places is not stalking.
- False Accusations — Personal conflicts, custody disputes, or relationship breakdowns can lead to exaggerated or fabricated claims. Demonstrating inconsistencies in the accuser’s story can be a strong defense.
- Insufficient Evidence — Stalking cases often rely heavily on the accuser’s testimony. If there are no corroborating witnesses, text messages, or surveillance, the evidence may not be enough to support a conviction.
- Protected Speech or Conduct — In some cases, what the accuser perceives as harassment may actually be lawful activity, such as constitutionally protected speech.
Frequently Asked Questions
Is stalking always a felony in Utah?
No. Stalking can be charged as either a misdemeanor or a felony, depending on prior convictions and aggravating circumstances.
Can I go to jail for first-time stalking in Utah?
Yes. Even as a Class A misdemeanor, stalking can carry up to one year in jail.
What if I didn’t mean to scare the person?
Intent is key in stalking cases. If your conduct was not intentional or knowing, your attorney may argue that the legal definition of stalking is not met.
Can stalking charges be dropped if the alleged victim forgives me?
No. Once charges are filed, only the prosecutor can drop them, even if the alleged victim no longer wants to pursue the case.
Does stalking involve only physical following?
No. Stalking includes electronic monitoring, unwanted communications, and other behaviors that cause fear or distress.
Additional Resources
Utah Code § 76-5-106.5 – Stalking Statute — Full text of Utah’s stalking law.
Utah Courts: Protective Orders — Information on how protective orders are issued in Utah.
Contact Susanne Gustin, Attorney at Law
Stalking charges can disrupt every part of your life, from your relationships to your career and freedom. You do not have to face these allegations alone.
Call Susanne Gustin, Attorney at Law, at (801) 243-2814 for a confidential consultation. Our office represents clients throughout Salt Lake City and across Utah who are facing stalking and related charges.
