Stalking


According to Michigan Penal Code MCLA 650.411 h, stalking is defined as:

"...a 'willful course of conduct' involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, 'harassed', or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested."

In this definition, "willful course of conduct" refers to a pattern of behavior made up of a series of two or more separate and noncontinuous acts which share the same purpose.

The term "harassed" is defined as repeated contact without permission, resulting in emotional distress.

Stalking takes many forms

According to the anti-stalking laws, a person can be charged with stalking fir willfully and repeatedly contacting another individual, without permission, causing that person to feel terrorized, frightened, intimidated, threatened, harassed, or molested. Under these laws, assailants could be charged with stalking for repeatedly:

  • Following or appearing within the sight of another.
  • Approaching or confronting another individual in a public or private place.
  • Appearing at the work place or residence of another.
  • Entering or remaining on an individual's property.
  • Contacting by telephone.
  • Sending regular e-mail to you (also known as "cyber-stalking").
  • Sending false regular or e-mail to other people about you (also known as "cyber-stalking").


Anyone can be a stalker!

Someone you know well, a casual acquaintance, or a total stranger can be a stalker. Sometimes stalkers are former romantic partners of their victims. Sometimes a stalker is a complete stranger who has a romantic or sexual interest in the victim. Sometimes a stalker selects a victim purely at random.

Who are the victims of stalking?

Unfortunately, stalking is not a rate or unusual activity. Anyone can be a victim of stalking–ordinary citizens or celebrities. According to the below listed statistics, your chance of being a victim of stalking is high, especially if you are a woman.

One out of twenty adults will be stalked in their lifetime.

One-third of women in domestic violence shelters are victims of stalking.

Punishment for stalking


In the State of Michigan stalking is a misdemeanor offense. Then individuals are convicted of stalking, they have the following punishment [MCLA 750.411h]:

  • Up to one year imprisonment, or
  • Up to $1,000 in fines, or both.
  • Up to five years probation.

The order of probation may include an order to:

stop stalking anyone. stop having contact with the victim. be evaluated to determine the need for pschological evaluation or social counseling (at the stalker's expense).

Aggravated stalking

  • In the State of Michigan aggravated stalking is a felony and involves at least one of the following [MCLA 750.411i]:
  • One or more threats to kill or physically harm an individual–or a member of an individual's household or family– that causes the individual hearing the threat to fear for his or her safety or the safety of another.
  • The violation of a condition of a pre-trial release or condition of probation or bond for stalking.
  • The violation of a personal protection (restraining) order.
  • A repeat offense.

Punishment for aggravated stalking

In the State of Michigan, when an individual is convicted of aggravated stalking the punishment is:

  • Up to five years imprisonment, or
  • Up to $10,000 in fines, or both
  • Any term of probation (including life), but not less than five years probation.

The order of probation is the same as that of the misdemeanor, with the addition: the stalker is not allowed contact with the victim's family members or with people in the victim's household.

Options for victims of stalking


The University encourages victims of stalking to pursue appropriate redress in the institution and/or state judicial systems. As a stalking victim, your options include:

  • The victim may file a report with the Office of Student Affairs and may request a hearing.
  • The victim may request that the University conduct mediation between the victim and the accused, giving both persons the opportunity to confront one another and discuss the incident.
  • The victim may report the incident to the appropriate law enforcement agency.

Michigan law gives the survivor up to seven years to initiate prosecution. However, the earlier the incident is reported the better the chance for prosecution and conviction. Filing a police report involves describing in detail the events that took place and providing as much information as possible about the stalker(s). The police will immediately begin to collect evidence. A victim may request that an advocate or support person accompany them during the reporting process. An advocate might be a friend, a counselor from Counseling Services or a crime victim advocate from Dial Help (482- HELP). The victim may also file a civil suit against the accused seeking monetary compensation. Legal Services of Northern Michigan (482-3908) can be helpful in this instance, particularly for students who lack the funds to pursue an attorney advocate through conventional means.

Your rights as a student against stalking

The stalking victim has the right to have his or her case handled either on campus and/or by the local prosecuting attorney.

Should the stalking victim choose to have his or her case heard on campus, he or she has the option of presenting his or her case before a) the Office of Student Affairs, or b) the campus Judiciary Committee, which is composed of both students and faculty.

Both the stalking victim and the alleged stalker have the right ot have others present at any campus judicial proceedings related to the alleged offense. Contact the Office of Student Affairs for details.

The stalking victim and the alleged stalker shall be informed of the outcome of the campus disciplinary proceedings.

Any judgements found against the accused will become part of the student's personnel folder maintained by the Office of Student Affairs. The judgements will not be reflected in the student's permanent academic record.

Precautions against stalking

  • Travel with friends.
  • Do not walk alone.
  • Change your telephone number to an unlisted number.
  • Vary the times and routes you take to work or to frequently visited places.
  • Notify your family and friends, and explain the situation to your employer so that they may protect you at work.

What to do if you are being stalked

  • Remember, you neither wanted nor deserved to be stalked. You are the victim, not the criminal. Suggestions of what you might do if you conclude you are being stalked are listed below. Every situation is different, so there are no set guidelines. Use your own best judgement as to what actions to take.
  • Communicate to the stalker that you do not want any contact with him or her.
  • Contact the Office of Student Affairs promptly and inform them of the stalking incidents.
  • Call Counseling Services at 487-2538. Click on this link for all you need to know to see a counselor as soon as possible.
  • You can also call Public Safety at 487-2216.
  • Dial Help, Inc. can be reached at 482-4357 or at 1-800-562-7622.
  • In the case of cyber-stalking, inform the MTU Systems Administrator as soon as possible. Print out a hard copy of the offending e-mails and document any other leads that will help the Sys-Admin identify the offender.
  • Report to your local law enforcement agency that you are a victim of stalking whether or not you plan to file formal charges.

Public Safety can be reached at 487-2216.
The Houghon City Police may also be called at 482-2121.
The Houghon County Sheriff Department can be reached at 482-4411.

Write these telephone numbers down and keep them in your purse or wallet in case you need them and you are off-campus or outside of the immediate Houghton- Hancock area.

Build your case against the stalker by providing the police or the Office of Student Affairs with any or all of the following:

  • Documentation (personal journal or diary) of the stalker's activities.
  • A list of contacts with the stalker (time & place, with whom, etc.)
  • A record of all the verbal exchanges (quotes, letters, e-mails, etc.)
  • Taped recording(s) of threatening telephone calls.
  • Videotapes of the stalker's actions.
  • Basic identifying information (i.e. license plate number, make of car, personal appearance).

Exercise your legal rights:

Get an anti-stalking personal protection (restraining) order from your local circuit court (this order states that the stalker is to have no contact with the victim; if violated, criminal penalties will follow). This will not only protect you, but also assist the law enforcement agency in enforcing the anti-stalking law. It also increases the penalties should the stalker violate the restraining order [MCLA 600.2950a].

You may also bring a civil action against your stalker. This allows you to sue him or her for any damage they have done, your emotional harm, and may entitle you to exemplary damages and legal fees as well [MCLA 600.2954].

As a victim, your best weapon against stalkers is the Office of Student Affairs and our local law enforcement agencies. However, it is also important to have support from your friends and/or family during this emotionally distressing time. Support from Counseling Services is also vital as a means of getting through this time successfully.

Do not minimize the danger of being stalked–many people across the country have been assaulted and even killed by a stalker they did not take seriously.

Take action and survive!