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Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 582
Experience:  Attorney at Law Offices of Khaled Issa
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Is it illegal or stalking to leave a letter of apology on

Customer Question

Is it illegal or stalking to leave a letter of apology on someone's doorstep in el past County, Colorado
Submitted: 6 months ago.
Category: Criminal Law
Customer: replied 6 months ago.
For religios purposes I'd like to leave a note of apology at someone es residence
Expert:  Legal-Kal replied 6 months ago.

Good afternoon:

My name is ***** ***** I would be happy to provide general information regarding your question.

Stalking occurs when: 1) there is a repeated form of communication with an individual and 2) the communication occurs after a "credible" threat to the person's safety, well-being or the safety of their family members.

So if a "credible" threat of harm is made and, after it is made, a form of communication occurs between the individuals, then this may indeed constitute stalking. If, however, no "credible" threat has been made prior to the communication, then no stalking has occurred.

The key here is "credible" threat. If any threat had been made prior to the communication, it must be "credible." A credible threat is a threat that places the individual in a reasonable apprehension of fear for their safety. If the "threat" does not place a personal in a reasonable position of fear, then it is not "credible." If it is not "credible," then no form of communication constitutes "stalking" under the laws.

Questions based on this? If so, please ask!

If not, please remember that experts here are not employees of JustAnswer and do not get credited for taking the time to provide general information to individuals until the individual clicks ACCEPT and rates the assistance with three stars or higher. Your cooperation in this regard would be appreciated!

***General information provided here is for educational and informational purposes only and does not constitute legal advice, nor should it be relied upon as such. It is always wise to consult with an attorney licensed in your jurisdiction as they would be in the best position to assist***

Customer: replied 6 months ago.
in lay terms, a note of an apology for a comment of a nice ass isn't a federal or judicial crime.?
Customer: replied 6 months ago.
Please explain in simple terms for me to understand more clearly
Expert:  Legal-Kal replied 6 months ago.

Correct. Because said comment would not constitute a "threat" of harm (physical harm, that is), then no "credible threat" has occurred in the past. Because no "credible threat" has occurred in the past, any subsequent communication would not constitute stalking (as stalking can only occur after a "credible threat" to a person's safety).

In more simple terms, stalking only occurs after a person threatens to physically harm a person (or their family). If a person threatens the physical harm and then continues to contact the victim, then the continued contact constitutes stalking.

However, if there is no threat of physical harm (i.e., a harmless comment referring to someone's physical appearance), then any continued contact with the victim does not count as stalking.

Essentially, for stalking to apply, there must be, at some point, a threat to physically harm the victim. If there is no threat to physically harm a victim, then no stalking occurs (even if the person contacts the victim later one so long as they do not physically threaten to harm them).

Expert:  Legal-Kal replied 6 months ago.

If you have questions based on this or need further clarification, please let me know and I'd be happy to respond!

Expert:  Legal-Kal replied 6 months ago.

Just a reminder, a response has been posted to your recent reply.

If you have questions on it, please ask.

If not, please remember that experts provide general information to individuals, not as a hobby, but as their source of income. By clicking accept and rating the assistance with three stars or higher, you ensure experts get credited for taking the time to assist.

Thank you!

Expert:  Legal-Kal replied 6 months ago.

Good afternoon and I hope you had a restful holiday weekend.

It has been a few days since the last posting. Please remember to click accept and rate the assistance provided as that is the only way experts can be credited for taking the time to assist individuals.

I'd appreciate your cooperation in this regard. Thanks.

Expert:  Legal-Kal replied 6 months ago.

.