The majority of state anti-stalking laws require the following elements: (1) a course of conduct; (2) a general or specific intent on the part of the stalker to commit the act; (3) a showing that the victim or a reasonable person has actual fear; (4) a showing that the stalker poses a threat to the victim and (5) the threat poses an actual danger. The way a state defines the elements, however, varies considerable across the nation.
In Texas, anti-stalking laws prohibit a person from “knowingly engaging in conduct” in such a way that he reasonably believes the other person or a reasonable person will see as threatening bodily injury or death. In Louisiana, on the other hand, anti-stalking laws prohibit a person from the “intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress. Both Texas and Louisiana laws require a course or scheme of conduct that extends over some period of time and that the fear element is one in which a reasonable would have in a similar situation. However each state differs on how it defines what exactly is to be feared. Texas is quite clear in pointing out the fear needs to be of bodily injury or death while Louisiana has a much broader definition of alarm or emotional distress.
Protective orders are designed to restrict the place, time and manners by which a person can contact a victim. Oftentimes this includes restricting all forms of communication. Moreover, protective orders can be used to put law enforcement on notice that a victim may be in danger and that they should be on the lookout for possible violations of the orders requirements.
Cyber-crimes are generally defined as being either: (1) crimes that target a computer such as hacking, installation of a computer virus or a denial of service attack or (2) crimes that use a computer as a facilitator of illegal activity such as identity theft, online fraud or theft of trade secrets.
While no one is completely safe from identity theft, a few precautions that help reduce the likelihood of being victimized include: installing reputable anti-spy/anti-virus software on your computer or mobile device, using strong passwords, using safe file and link opening practices, setting your privacy level to the highest on your social networking sites and finally only “friending” people who you know on your social media.
I think crimes that the use of computers as a facilitator of a crime is the most damaging cyber-crimes. In using a computer, skillful criminals are able to act anonymously which makes it harder for police to stop or investigate the crime. Moreover, computers allow criminals to effortlessly increase the number of victim that suffer injury with little extra costs to themselves.
Improper entry prohibits any non-citizen from entering the country by circumventing established procedures, rules and laws. Overstaying a visa prohibits valid visa holders from staying in the country without authorization beyond the expiration date. Employing illegal immigrants prohibits employers from knowingly hiring or recruiting an illegal immigrant.
The penalty for improper entry is a fine per attempted entry of at least $50 but not more than $250. In addition, violators may also be subject the relevant criminal laws of the state where apprehended. The penalties for overstaying your visa include deportation, cancellation of your visa and being barred from returning to the US anywhere from three to ten years. The penalty for employing an illegal immigration is a fine up $3,000 per illegal employee and/or up to six months in prison.
I think that the punishment for improper entry is not very effective because it is very likely that the violator will not have the funds to pay the fine and so it won’t fear being caught or trying it again after being discovered. I think the punishments for overstaying and employing illegal immigrants however are very effective because by deporting the “over-stayer” who wants to stay and fining the employer who wants to make an easy profit by using illegal labor each penalty seeks to stop, in the harshest manner, the very activity the violators are trying to commit.
References
Immigration Law: An Overview. (n.d.). Retrieved January 24, 2014, from http://www.law.cornell.edu/wex/immigration
Kerr, Orin S., (2009). Computer Crime Law. St. Paul, MN: West.
Stalking Laws by State. (2012). Retrieved January 24, 2014, from http://www.victimsofcrime.org/our-programs/stalking-resource-center/stalking-laws
