AND WHERE YOU GO ILL FOLLOW - THE CONSTITUTIONALITY OF ANTISTALKING LAWS AND PROPOSED MODEL LEGISLATION

In recent days, stalking has become a tremendous problem plaguing Amer ican society. But, while states have responded to this growing crisis by passing statutes to punish offenders, these legislative solutions a re often ineffective. Many statutes have been deemed unconstitutional by state courts, while others are too narrowly drawn to encompass much dangerous stalking behavior. In this Article, the authors examine the problems with current antistalking laws and offers some practical sol utions. Part I discusses and disects states' present antistalking stat utes, focussing on the language common to many of these laws as well a s their unique exceptions. Part II focuses on the general constitution al infirmities plaguing almost all currently enacted antistalking stat utes. Part III examines the NCJA model antistalking statutes, noting i ts constitutional deficiencies, and in Part IV the authors draft their own model antistalking legislation which they argue will both pass co nstitutional muster and sweep more broadly to encompass many dangerous stalking behaviors.