Mississippi Code
Miss. Code Ann. § 97-3-107 (2026)
Stalking; aggravated stalking; penalties; definitions
✓ current as of July 2026
- (1)
- (a) Any person who purposefully engages in a course of conduct directed at a specific person, or who makes a credible threat, and who knows or should know that the conduct would cause a reasonable person to fear for his or her own safety, to fear for the safety of another person, or to fear damage or destruction of his or her property, is guilty of the crime of stalking.
- (b) A person who is convicted of the crime of stalking under this section shall be punished by imprisonment in the county jail for not more than one (1) year or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
- (c) Any person who is convicted of a violation of this section when there is in effect at the time of the commission of the offense a valid temporary restraining order, ex parte protective order, protective order after hearing, court approved consent agreement, or an injunction issued by a municipal, justice, county, circuit or chancery court, federal or tribal court or by a foreign court of competent jurisdiction prohibiting the behavior described in this section against the same party, shall be punished by imprisonment in the county jail for not more than one (1) year and by a fine of not more than One Thousand Five Hundred Dollars ($1,500.00).
- (2)
- (a) A person who commits acts that would constitute the crime of stalking as defined in this section is guilty of the crime of aggravated stalking if any of the following circumstances exist:
- (i) At least one (1) of the actions constituting the offense involved the use or display of a deadly weapon with the intent to place the victim of the stalking in reasonable fear of death or great bodily injury to self or a third person;
- (ii) Within the past seven (7) years, the perpetrator has been previously convicted of stalking or aggravated stalking under this section or a substantially similar law of another state, political subdivision of another state, of the United States, or of a federally recognized Indian tribe, whether against the same or another victim; or
- (iii) At the time of the offense, the perpetrator was a person required to register as a sex offender pursuant to state, federal, military or tribal law and the victim was under the age of eighteen (18) years.
- (b) Aggravated stalking is a felony punishable as follows:
- (i) Except as provided in subparagraph (ii), by imprisonment in the custody of the Department of Corrections for not more than five (5) years and a fine of not more than Three Thousand Dollars ($3,000.00).
- (ii) If, at the time of the offense, the perpetrator was required to register as a sex offender pursuant to state, federal, military or tribal law, and the victim was under the age of eighteen (18) years, by imprisonment for not more than six (6) years in the custody of the Department of Corrections and a fine of Four Thousand Dollars ($4,000.00).
- (a) A person who commits acts that would constitute the crime of stalking as defined in this section is guilty of the crime of aggravated stalking if any of the following circumstances exist:
- (3) Upon conviction, the sentencing court shall consider issuance of an order prohibiting the perpetrator from any contact with the victim. The duration of any order prohibiting contact with the victim shall be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim or another person.
- (4) Every conviction of stalking or aggravated stalking may require as a condition of any suspended sentence or sentence of probation that the defendant, at his own expense, submit to psychiatric or psychological counseling or other such treatment or behavioral modification program deemed appropriate by the court.
- (5) In any prosecution under this section, it shall not be a defense that the perpetrator was not given actual notice that the course of conduct was unwanted or that the perpetrator did not intend to cause the victim fear.
- (6) When investigating allegations of a violation of this section, law enforcement officers shall utilize the Uniform Offense Report prescribed by the Office of the Attorney General in consultation with the sheriffs' and police chiefs' associations. However, failure of law enforcement to utilize the Uniform Offense Report shall in no way invalidate the crime charged under this section.
- (7) For purposes of venue, any violation of this section shall be considered to have been committed in any county in which any single act was performed in furtherance of a violation of this section. An electronic communication shall be deemed to have been committed in any county from which the electronic communication is generated or in which it is received.
- (8) For the purposes of this section:
- (a) "Course of conduct" means a pattern of conduct composed of a series of two (2) or more acts over a period of time, however short, evidencing a continuity of purpose and that would cause a reasonable person to fear for his or her own safety, to fear for the safety of another person, or to fear damage or destruction of his or her property. Such acts may include, but are not limited to, the following or any combination thereof, whether done directly or indirectly:
- (i) following or confronting the other person in a public place or on private property against the other person's will;
- (ii) contacting the other person by telephone or mail, or by electronic mail or communication as defined in Section 97-45-1; or
- (iii) threatening or causing harm to the other person or a third party.
- (b) "Credible threat" means a verbal or written threat to cause harm to a specific person or to cause damage to property that would cause a reasonable person to fear for the safety of that person or damage to the property.
- (c) "Reasonable person" means a reasonable person in the victim's circumstances.
- (a) "Course of conduct" means a pattern of conduct composed of a series of two (2) or more acts over a period of time, however short, evidencing a continuity of purpose and that would cause a reasonable person to fear for his or her own safety, to fear for the safety of another person, or to fear damage or destruction of his or her property. Such acts may include, but are not limited to, the following or any combination thereof, whether done directly or indirectly:
- (9) The incarceration of a person at the time the threat is made shall not be a bar to prosecution under this section. Constitutionally protected activity is not prohibited by this section.
Laws, 1992, ch. 532, § 1; Laws, 1996, ch. 326, § 1; Laws, 2000, ch. 553, § 1; Laws, 2006, ch. 583, § 1; Laws, 2010, ch. 453, § 1, eff. 7/1/2010.
Notes of Decisions
Cited in 26
cases (5 in the last 5 years), 1991–2026 · leading case: McCalpin v. State, 166 So. 3d 24 (Miss. 2013).
McCalpin v. State, 166 So. 3d 24 (Miss. 2013). “On June 16, 2009, during his post-release supervision, the Belmont Police Department arrested McCalpin and charged him with felony stalking under Mississippi Code Section 97-3-107 (Rev. 2006) (amended 2010).”
Jones v. Bl Dev. Corp., 940 So. 2d 961 (Miss. Ct. App. 2006). “Mississippi Code Annotated Section 97-3-107 (Rev.2000) defines the crime of "stalking," and it provides: (1) Any person who willfully, maliciously and repeatedly follows or harasses another person, or who makes a credible threat, with the intent to place that person in…”
Nicholson on Behalf of Gollott v. State, 672 So. 2d 744 (Miss. 1996). “Assuming that Allen precludes prosecution for attempted suicide, Gollott's display of a pistol, and his heated request for Diane to shoot him, after his repeated threats against Diane, constitutes a violation of Miss. Code Ann. § 97-3-107 (1994 rev.) (violation of statute arises…”
McCALPIN v. State, 85 So. 3d 891 (Miss. Ct. App. 2012). “On June 16, 2009, during the period of his post-release supervision, McCalpin was arrested by the Belmont Police Department and charged with felony stalking under Mississippi Code Annotated section 97-3-107 (Rev.2006). MDOC initiated revocation proceedings following McCalpin's…”
Ude v. State, 992 So. 2d 1213 (Miss. Ct. App. 2008). “Section 97-3-107(1) of the Mississippi Code Annotated (Rev.”
United States v. Saunders, 59 M.J. 1 (C.A.A.F. 2003). “); Miss.Code Ann. § 97-3-107 (LEXIS through 2002 Reg.”
City of Jackson v. Jackson, 235 F. Supp. 2d 532 (S.D. Miss. 2002). “Anderson evidently considered certain of Jackson’s supervisory activities to be unwarranted, and on March 28, 2002, she filed a criminal affidavit with the City of Jackson charging Jackson with “stalking” in violation of Miss.Code Ann. § 97-3-107. 1 On April 4, 2002, Jackson was…”
Timothy Scott Beasley v. State of Mississippi, 251 So. 3d 746 (Miss. Ct. App. 2017). “Mississippi Code Annotated section 97-3-107(1)(a) (Rev. 2014) provides, in part: Any person who purposefully engages in a course of conduct directed at a specific person, or who makes a credible threat, and who knows or should know that the conduct would cause a reasonable…”
State v. Bryan, 910 P.2d 212 (Kan. 1996). “); Miss. Code Ann. § 97-3-107 (1994); Neb. Rev.”
Hackley v. State, 866 A.2d 906 (Md. Ct. Spec. App. 2005). “265, § 43; Miss.Code Ann § 97-3-107; N.J. Stat. Ann.”
Vadell Johnson v. State of Mississippi, 159 So. 3d 601 (Miss. Ct. App. 2014). “Compare Miss.Code Ann. § 97-3-107 with Miss.Code Ann.”
Johnson v. City of Meridian, 23 F. Supp. 2d 681 (S.D. Miss. 1998). “Johnson was charged under Miss.Code Ann. § 97-3-107, which provides in pertinent part as follows: (1) Any person who willfully, maliciously and repeatedly follows or harasses another person, or who makes a credible threat, with the intent to place that person in reasonable fear…”
— Miss. Code Ann. § 97-3-107(1) — 3 cases
McCalpin v. State, 166 So. 3d 24 (Miss. 2013). “On June 16, 2009, during his post-release supervision, the Belmont Police Department arrested McCalpin and charged him with felony stalking under Mississippi Code Section 97-3-107 (Rev. 2006) (amended 2010).”
Ude v. State, 992 So. 2d 1213 (Miss. Ct. App. 2008). “Section 97-3-107(1) of the Mississippi Code Annotated (Rev.”
McCALPIN v. State, 85 So. 3d 891 (Miss. Ct. App. 2012). “On June 16, 2009, during the period of his post-release supervision, McCalpin was arrested by the Belmont Police Department and charged with felony stalking under Mississippi Code Annotated section 97-3-107 (Rev.2006). MDOC initiated revocation proceedings following McCalpin's…”
— Miss. Code Ann. § 97-3-107(1)(a) — 2 cases
Timothy Scott Beasley v. State of Mississippi, 251 So. 3d 746 (Miss. Ct. App. 2017). “Mississippi Code Annotated section 97-3-107(1)(a) (Rev. 2014) provides, in part: Any person who purposefully engages in a course of conduct directed at a specific person, or who makes a credible threat, and who knows or should know that the conduct would cause a reasonable…”
Robert Sabar McGilvary a/k/a Robert McGilvary v. State of Mississippi; (Miss. Ct. App. 2020).
— Miss. Code Ann. § 97-3-107(2) — 1 case
Matthew Oliver Reardon a/k/a Matthew Reardon v. State of Mississippi (Miss. Ct. App. 2022).
— Miss. Code Ann. § 97-3-107(2)(a) — 1 case
Timothy Scott Beasley v. State of Mississippi, 251 So. 3d 746 (Miss. Ct. App. 2017). “Mississippi Code Annotated section 97-3-107(1)(a) (Rev. 2014) provides, in part: Any person who purposefully engages in a course of conduct directed at a specific person, or who makes a credible threat, and who knows or should know that the conduct would cause a reasonable…”
— Miss. Code Ann. § 97-3-107(2)(a)(i) — 1 case
Vadell Johnson v. State of Mississippi, 159 So. 3d 601 (Miss. Ct. App. 2014). “Compare Miss.Code Ann. § 97-3-107 with Miss.Code Ann.”
— Miss. Code Ann. § 97-3-107(2)(a)(ii) — 1 case
Robert Sabar McGilvary a/k/a Robert McGilvary v. State of Mississippi; (Miss. Ct. App. 2020).
— Miss. Code Ann. § 97-3-107(4) — 3 cases
Jones v. Bl Dev. Corp., 940 So. 2d 961 (Miss. Ct. App. 2006). “Mississippi Code Annotated Section 97-3-107 (Rev.2000) defines the crime of "stalking," and it provides: (1) Any person who willfully, maliciously and repeatedly follows or harasses another person, or who makes a credible threat, with the intent to place that person in…”
McCALPIN v. State, 85 So. 3d 891 (Miss. Ct. App. 2012). “On June 16, 2009, during the period of his post-release supervision, McCalpin was arrested by the Belmont Police Department and charged with felony stalking under Mississippi Code Annotated section 97-3-107 (Rev.2006). MDOC initiated revocation proceedings following McCalpin's…”
Ude v. State, 992 So. 2d 1213 (Miss. Ct. App. 2008). “Section 97-3-107(1) of the Mississippi Code Annotated (Rev.”
— Miss. Code Ann. § 97-3-107(5) — 1 case
McCALPIN v. State, 85 So. 3d 891 (Miss. Ct. App. 2012). “On June 16, 2009, during the period of his post-release supervision, McCalpin was arrested by the Belmont Police Department and charged with felony stalking under Mississippi Code Annotated section 97-3-107 (Rev.2006). MDOC initiated revocation proceedings following McCalpin's…”
— Miss. Code Ann. § 97-3-107(8)(a) — 2 cases
Robert Sabar McGilvary a/k/a Robert McGilvary v. State of Mississippi; (Miss. Ct. App. 2020).
Darrell Ray Morris a/k/a Darrell Morris v. State of Mississippi (Miss. Ct. App. 2026).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.