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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.
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