Criminal Law: Stalking in the Second Degree

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Questions and Answers

What is the primary intention of a person who commits stalking in the second degree?

To disturb another person

Which of the following individuals is exempt from the offense of stalking in the second degree?

A law enforcement officer conducting an investigation

Under what circumstances can a law enforcement officer arrest someone without a warrant for stalking in the second degree?

If they have probable cause

What is the classification of the offense of stalking in the second degree if the defendant has no prior convictions?

Class A misdemeanor Signup and view all the answers

What is the classification of the offense of stalking in the second degree if the defendant has a prior conviction?

Class E felony Signup and view all the answers

What federal law is related to interstate domestic violence?

18 U.S.C 2261 (a)(1) Signup and view all the answers

What is a prerequisite for a court order to restrain a person from harassing an intimate partner or child?

The person received actual notice of the hearing Signup and view all the answers

Who is prohibited from shipping or transporting firearms or ammunition in interstate or foreign commerce?

Anyone convicted of a misdemeanor crime of domestic violence Signup and view all the answers

What is given to foreign orders of protection issued by other states or territories?

Full faith and credit Signup and view all the answers

What is required to be attached to a petition seeking registration of a foreign order of protection?

A certified copy of the foreign order of protection Signup and view all the answers

What is the court's inquiry limited to when considering a petition for registration of a foreign order of protection?

The extent that the foreign order of protection is in effect Signup and view all the answers

How is a foreign order of protection enforced in this state?

As if it was originally issued by a court of this state Signup and view all the answers

What must be sent to the respondent by certified mail?

A copy of the Missouri Court's order recognizing a foreign order of protection Signup and view all the answers

What is required for a court to issue an order giving full faith and credit to a foreign order of protection?

A petition seeking registration of the foreign order Signup and view all the answers

What is a prerequisite for a person to possess a firearm or ammunition?

Not being subject to a court order restraining them from harassing an intimate partner or child Signup and view all the answers

What is a consequence of being convicted of a misdemeanor crime of domestic violence?

Prohibition from shipping or transporting firearms or ammunition in interstate or foreign commerce Signup and view all the answers

Under which circumstances can a person be punished according to the Travel or conduct of offender section?

If they travel in interstate or foreign commerce with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner Signup and view all the answers

What is the punishment for Interstate Stalking?

Punishment as provided in subsection (b) Signup and view all the answers

What is required for an act to be considered Interstate Stalking?

All of the above Signup and view all the answers

What is the definition of a spouse or intimate partner for the purpose of Interstate Stalking?

Not defined in the section Signup and view all the answers

Under what circumstances can a person be punished according to the Interstate Violation of a Protection Order section?

If they travel in interstate or foreign commerce with the intent to engage in conduct that violates a protection order Signup and view all the answers

What is the punishment for Interstate Violation of a Protection Order?

Punishment as provided in subsection (b) Signup and view all the answers

What is required for an act to be considered Interstate Violation of a Protection Order?

All of the above Signup and view all the answers

What is an example of a jurisdiction that falls under the special maritime and territorial jurisdiction of the United States?

All of the above Signup and view all the answers

What is the purpose of the Travel or conduct of offender section?

To punish people who travel in interstate or foreign commerce with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner Signup and view all the answers

What is an example of a protection order that can be violated according to the Interstate Violation of a Protection Order section?

All of the above Signup and view all the answers

Under what circumstances can a respondent move to modify or set aside a court's order recognizing a foreign order of protection?

At any time during the duration of the order Signup and view all the answers

What is required for a respondent's motion to modify or set aside a court's order recognizing a foreign order of protection to be heard?

A copy of the motion and a summons indicating a date and time certain for the hearing Signup and view all the answers

What is the standard of evidence required for a respondent to demonstrate that the Missouri court's order was not issued in compliance with this section?

Clear and convincing evidence Signup and view all the answers

When are law enforcement officers immune from liability in civil actions alleging false arrest, false imprisonment, or malicious prosecution?

When they act in good faith reliance on the law Signup and view all the answers

What is not a circumstance under which law enforcement officers are not immune from liability?

Good faith reliance on the law Signup and view all the answers

What is the first step in the general guidelines for law enforcement responses to domestic violence calls?

Plan your route Signup and view all the answers

What is an important aspect of an officer's investigation and report concerning domestic violence?

Reason for response and time of dispatch Signup and view all the answers

What is a key consideration when interviewing parties during a domestic disturbance?

Listening and evaluating what people tell you Signup and view all the answers

What is a common misconception about same-gender domestic violence?

It is often seen as mutual abuse Signup and view all the answers

What is a major challenge that lesbian, bi, and gay survivors of battering may face?

Isolation due to lack of support from their own community Signup and view all the answers

Why may victims of battering in lesbian, bi, or gay relationships hesitate to seek help?

Fear of reinforcing the myth that lesbian, bi, and gay relationships are 'abnormal' Signup and view all the answers

What is a unique challenge that elderly victims of abuse may face?

Physical or cognitive disabilities that prevent them from seeking help Signup and view all the answers

What is the definition of strangulation?

External force that results in restriction of oxygen intake and blood flow to the brain Signup and view all the answers

Why is strangulation a lethal form of domestic violence?

All of the above Signup and view all the answers

What is a challenge that lesbian, bi, and gay survivors of battering may face when seeking support services?

Difficulty receiving services due to discrimination Signup and view all the answers

What is a factor that may affect an older victim's decision to report abuse or seek help?

All of the above Signup and view all the answers

Why may victims of battering in lesbian, bi, or gay relationships feel isolated?

Because they are not supported by their community Signup and view all the answers

What is a challenge that elderly victims of abuse may face when seeking help?

All of the above Signup and view all the answers

Why is it important to understand the differences between strangulation and choking?

Because understanding the differences can inform investigation and prosecution strategies Signup and view all the answers

What is the penalty for failing to report as required under subdivision (2) of subsection 1 of this section?

Class A misdemeanor Signup and view all the answers

Who is included in the definition of a 'first responder'?

Any person trained and authorized to render emergency medical assistance Signup and view all the answers

What is the purpose of the Missouri Adult Abuse and Neglect Hotline?

To respond to reports of abuse, neglect, and financial exploitation Signup and view all the answers

What is the age range of individuals with disabilities that the DHSS investigates?

18 to 59 Signup and view all the answers

What is the phone number of the Missouri Adult Abuse and Neglect Hotline?

800-392-0210 Signup and view all the answers

What is the role of the Division of Health and Senior Services (DHSS) concerning elderly and vulnerable persons?

To investigate abuse, neglect, and exploitation of vulnerable individuals Signup and view all the answers

What percentage of victims may experience voice changes, including hoarseness, due to strangulation?

Up to 50% Signup and view all the answers

What type of injuries are common on the victim's chin during strangulation?

Abrasions Signup and view all the answers

What are the tiny red spots that appear in the eyes, gums, face, and neck due to ruptured capillaries during strangulation?

Petechiae Signup and view all the answers

What is a key area to look for injuries on the victim during a strangulation examination?

Upper chest area Signup and view all the answers

What is an important question to ask a strangulation victim during an investigation?

How long did the strangulation last? Signup and view all the answers

What is a potential defensive wound found on the suspect during a strangulation investigation?

Scratches on the face Signup and view all the answers

What is a potential consequence of strangulation on the victim's health?

Difficulty breathing Signup and view all the answers

What is a key consideration for investigators when building a case against a perpetrator of domestic violence?

Preserving 911 call recordings Signup and view all the answers

What is a type of stalker profile described in the California POST stalking video?

All of the above Signup and view all the answers

What is a key consideration for investigators when interviewing children in a domestic violence case?

Interviewing children even if their parents say they did not witness the event Signup and view all the answers

What is the primary goal of a coordinated community response to domestic violence?

To raise awareness and create a community that condemns domestic violence Signup and view all the answers

What is the purpose of gathering information from witnesses, friends, and relatives in a domestic violence case?

To gather evidence and build a comprehensive picture of the incident Signup and view all the answers

What is included in the documentation of a domestic violence incident?

All of the above, plus a thorough physical description of those involved Signup and view all the answers

Who can report suspected elder abuse in accordance with the mandated reporter law?

Any person who has reasonable cause to suspect abuse or neglect Signup and view all the answers

What is exempt from the mandated reporter law?

Privileged communications with a minister or clergy Signup and view all the answers

What is the purpose of a coordinated community response to domestic violence?

To provide services to all battered women, including those who do not come into contact with agencies Signup and view all the answers

Who can play a role in responding to domestic violence?

Clergy, employers, and neighbors, in addition to service agencies Signup and view all the answers

What is the ultimate goal of a coordinated community response to domestic violence?

To raise awareness and create a community that condemns domestic violence Signup and view all the answers

Why is it important to have a coordinated community response to domestic violence?

So that the community as a whole can condemn domestic violence Signup and view all the answers

What is included in the process of documenting evidence in a domestic violence case?

All of the above, plus a thorough physical description of those involved and photos at the scene Signup and view all the answers

Study Notes

Stalking and Domestic Violence

Second-degree stalking: purposely disturbing or following someone with the intent to disturb them, with the exception of law enforcement conducting investigations.
- Class A misdemeanor, unless the defendant has a prior conviction of stalking or domestic violence, in which case it is a class E felony.

Interstate Stalking

Traveling or conducting activities across state or national borders with the intent to kill, injure, harass, or intimidate someone.
- Punishable under federal law (18 U.S.C. 2261).
- Includes using mail, interactive computer services, or electronic communication systems to engage in a course of conduct that places the person in reasonable fear of death or serious bodily injury.

Interstate Violation of a Protection Order

Traveling across state or national borders with the intent to engage in conduct that violates a protection order.
- Punishable under federal law (18 U.S.C. 2262).
- Includes causing another person to travel across state or national borders by force, coercion, or fraud.

Possession of a Firearm While Subject to a Protection Order

Unlawful for a person subject to a court order that restricts their conduct towards an intimate partner or child to possess a firearm.
- Applies to court orders issued after a hearing, with notice to the respondent, and which restrain the respondent from harassing, stalking, or threatening an intimate partner or child.

Possession of a Firearm After Conviction of Misdemeanor Crime of Domestic Violence

Unlawful for a person convicted of a misdemeanor crime of domestic violence to possess a firearm.
- Applies to convicts who have been convicted of a misdemeanor crime that involves physical force or the threatened use of physical force against an intimate partner or child.

Full Faith and Credit

Orders of protection issued by other states, tribes, territories, or possessions of the United States are given full faith and credit throughout the state.
- May be enforced by law enforcement and courts in the same manner as orders issued by a court in this state.

Officer Immunity

Officers are immune from liability in civil actions alleging false arrest, false imprisonment, or malicious prosecution concerning domestic violence situations.
- Applies when the officer acts in good faith reliance on the law.

Law Enforcement Response to Domestic Violence

Officers should:
- Plan their route and approach tactically
- Assess threats and make a safe entry
- Physically position themselves to separate individuals and ensure a safe distance
- Calm the situation and explore the reasons for the dispute
- Determine the appropriate police action to prevent further violence
- Document the incident thoroughly, including the scene, statements, and evidence

Investigating Domestic Violence

Officers should consider the following when investigating domestic violence:
- The reason for the response
- Time of dispatch and response
- Details of the incident
- Identification and description of all individuals involved
- Statements and excited utterances
- Protection orders and prior history
- Evidence and photos

Interview Techniques

Officers should:
- Be persistent and ask follow-up questions
- Avoid leading questions
- Listen and evaluate statements
- Consider all factors before making a decision
- Avoid the "buddy-up" interview technique
- Be alert to nonverbal cues

Same-Gender Domestic Violence

Additional dynamics faced by same-gender survivors:
- Fear of not being taken seriously
- Fear of outing themselves
- Limited access to services and support
- Fear of losing their sense of community
- Fear of further isolation

Elder Abuse

Additional dynamics faced by elderly victims:
- Fear of further abuse
- Fear of starting over
- Fear of losing contact with family members
- Love for the abuser
- Economic reasons
- Health concerns

Investigating Strangulation

Key factors to consider:
- Difference between strangulation and choking
- Signs and symptoms of strangulation
- Questions to ask the victim, such as:
  - How were you strangled?
  - How long did the strangulation last?
  - What did you think was going to happen?
  - What did the perpetrator say to you?

Investigative Considerations

Considerations for evidence-based prosecution of domestic violence cases:
- Use of 911 calls and other recordings
- Interviewing children
- Documenting the scene and statements
- Preserving evidence
- Proving the case in court without the victim's cooperation### Investigating Domestic Violence
Investigate all possible witnesses, including neighbors, close relatives, and friends the victim may have talked to about any incidents
Obtain future contact information such as email addresses, relatives, etc.
Collect medical records by having the victim sign a waiver at the time of treatment
Document names of individuals from responding fire, ambulance, and law enforcement
Take photos at the scene of all involved, including follow-up photos of injuries
Include a thorough physical description of all people involved
Collect letters, notes, text messages, voice mails, etc. and note verbal and non-verbal communication
Document clothing, weapons, and any physical evidence

Coordinated Community Response to Domestic Violence

A community's response to domestic violence should include every member of the community
Raising the community's awareness and reshaping social norms around this issue is critical for widespread and permanent changes
Widespread education and prevention activities are an essential part of a coordinated response
Everyone, including clergy, employers, and neighbors, can and should play a role in condemning domestic violence and supporting battered women

Mandated Reporter Law and Penalty for Failing to Report Elder Abuse

The following persons are required to report or cause a report to be made to the department:
- Any person having reasonable cause to suspect that an eligible adult presents a likelihood of suffering serious physical harm or bullying
- Specific professionals, such as adult day care workers, chiropractors, coroners, etc.
The penalty for failing to report as required is a class A misdemeanor
The Missouri Adult Abuse and Neglect Hotline number for reporting suspected abuse of elderly and vulnerable persons is 800-392-0210

Role of the Division of Health and Senior Services (DHSS)

The DHSS investigates abuse, neglect, and exploitation of vulnerable individuals 60 and older and people with disabilities between 18 and 59
The DHSS responds to reports of abuse, neglect, and financial exploitation through the Missouri Adult Abuse and Neglect Hotline

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