Stalking and Aggravated Stalking in Georgia

Georgia addresses stalking through two related statutes that share the same underlying conduct but differ on a single critical fact: whether a court order, bond condition, or supervision condition was already in place when the conduct occurred. Understanding that one distinction explains the entire structural difference between the two offenses.

Simple Stalking: The Core Elements

Simple stalking under O.C.G.A. § 16-5-90(a)(1) criminalizes following, placing under surveillance, or contacting another person at or about a place without the consent of that person, for the purpose of harassing and intimidating them. The statute’s definition of “contact” is broad and explicitly includes electronic and computer-based communication, meaning the offense is not limited to physical proximity. A separate provision, § 16-5-90(a)(2), addresses a publication-based form of the offense, covering conduct that surveils or contacts another person through the public dissemination of information or material, again for the purpose of harassing and intimidating.

What “Harassing and Intimidating” Requires

The harassing-and-intimidating purpose element is central to the statute. Georgia’s stalking law is not aimed at incidental or innocuous contact; it requires that the following, surveillance, or contact occurred for the specific purpose of causing emotional distress through a course of conduct directed at a specific person, conduct that would cause a reasonable person to fear for their safety or the safety of a member of their immediate family.

Aggravated Stalking: The Order-Violation Element

Aggravated stalking under § 16-5-91 does not describe a separate or more violent category of conduct. It describes the same following, surveillance, or contact conduct found in the simple stalking statute, but committed in violation of a condition of bond, a condition of probation or parole, or an existing protective order prohibiting the behavior. This is the single feature that elevates the offense from simple to aggravated stalking; the underlying acts of following, surveilling, or contacting another person remain the same.

Why “Aggravated” Is a Misleading Word Here

Lay readers often assume that an “aggravated” version of an offense involves greater physical danger or a different type of act than its non-aggravated counterpart, an assumption that holds true for some Georgia offenses but not this one. Aggravated stalking is defined entirely by the presence of a prior order or condition that the conduct violates, not by any difference in the severity, method, or intensity of the following, surveillance, or contact itself. A person could be charged with aggravated stalking based on conduct that, standing alone, looks identical to a simple stalking case, the only difference being that an order was already on file.

Penalty Structure

Simple stalking is generally a misdemeanor on a first conviction. Aggravated stalking is a felony, and the statute provides for a sentencing range generally described as one to ten years for a second or subsequent conviction, reflecting both the felony classification of aggravated stalking and the escalation that applies upon repeat offenses.

Distinguishing Stalking From Family Violence Offenses

Stalking is defined by the conduct itself, the following, surveillance, or contact carried out for a harassing and intimidating purpose, rather than by the relationship between the parties. This sets it apart from Georgia’s family violence framework, which defines a category of offenses by the relationship status of the people involved (current or former spouses, co-parents, household members, and similar categories) rather than by a specific type of conduct. A reader researching one of these areas should keep in mind that stalking and family violence offenses can overlap factually in some cases, but they are governed by distinct statutory frameworks with different defining elements.

This article provides general information about Georgia law and is not legal advice. Consult a licensed Georgia attorney about a specific situation.