Connecticut General Statutes § 53a-181d – Stalking in the Second Degree

Being accused of stalking in Connecticut is a serious matter. C.G.S. § 53a-181d, known as stalking in the second degree, makes it a crime to repeatedly follow or harass another person in a way that causes them to fear for their safety or suffer substantial emotional distress.

Unlike some other crimes, stalking does not require any physical contact or explicit threats. Repeated unwanted contact—calls, texts, showing up at someone’s workplace or home—can lead to an arrest and potentially life-changing consequences.

Although this is considered a Class A misdemeanor, police, prosecutors, and judges treat stalking allegations as violent crimes, especially when connected to domestic relationships.

A person commits stalking in the second degree when they:

• Engage in a pattern of conduct directed at a specific person
• That would cause a reasonable person to fear for their physical safety or the safety of another, or to experience serious emotional distress

• Course of Conduct: Usually involves two or more acts directed at the same person.
• Reasonable Fear: The standard is whether a reasonable person would feel afraid or emotionally distressed, not just whether the alleged victim personally felt upset.
• No Physical Contact Required: Repeated unwanted electronic communication, following, or showing up uninvited can be enough.

• Repeatedly sending unwanted messages to an ex-partner, even after being told to stop.
• Showing up at someone’s home or workplace uninvited, more than once.
• Following a neighbor or co-worker in a way that causes them to fear for their safety.
• Persistent social media harassment that creates significant distress.

Stalking in the second degree is a Class A misdemeanor. Potential penalties include:

• Up to 1 year in jail
• Fines up to $2,000
• Up to 2 years of probation

• Permanent Criminal Record: A conviction for a violent offense can appear on background checks by employers, landlords, and licensing boards.
• Domestic Violence Designation: If the alleged victim is a spouse, partner, or family member, the case will be handled as family violence, triggering:
  • Immediate arraignment in domestic violence court
  • Mandatory protective orders
  • Possible court-ordered counseling or treatment programs
• Immigration & Professional Consequences: Non-citizens can face deportation; professionals can face license suspensions or loss of credentials.

• Stalking in the First Degree (C.G.S. § 53a-181c): Elevated to a Class D felony if the conduct involves a weapon, a prior conviction, or violation of a court order.
• Stalking in the Third Degree (C.G.S. § 53a-181e): A Class B misdemeanor, involving harassment without the level of fear required for second degree.
• Violation of a Protective Order (C.G.S. § 53a-223): Often charged alongside stalking; a Class D felony.

Being accused does not mean you are guilty. Common defenses include:

• Lack of Course of Conduct: Showing that the alleged actions were isolated and do not meet the legal requirement of a repeated pattern.
• No Reasonable Fear: Demonstrating that a reasonable person in the same circumstances would not have felt threatened or distressed.
• Mistaken Identity: Establishing that someone else was responsible for the conduct.
• Constitutional Defenses: Challenging unlawful searches, seizures, or violations of free speech rights.

First-time offenders facing stalking charges may be eligible for programs that can result in dismissal:

• Accelerated Rehabilitation (AR): Successful completion leads to dismissal and erasure of the charge.
• Family Violence Education Program (FVEP): Used in domestic violence cases; completion often results in dismissal.
• Mental Health or Counseling Programs: Participation can sometimes be used to negotiate reduced charges or avoid a conviction.

Connecticut’s stalking laws are broad, and even minor misunderstandings can lead to arrest. Prosecutors take these cases seriously, and the stakes—your freedom, record, and reputation—are high.

At Allan F. Friedman, Criminal Lawyer, we have over 30 years of experience defending clients against stalking and domestic violence charges throughout Stamford, Norwalk, Bridgeport, and across Connecticut. We know:

• How to challenge weak or exaggerated claims
• How to protect your rights in domestic violence court
• How to pursue dismissal, diversionary programs, or trial victories

If you are facing stalking in the second degree charges under C.G.S. § 53a-181d, you need a lawyer who will fight for your freedom and reputation.

Call (203) 357-5555 today for a free, confidential consultation. We are available 24/7 to protect your rights and build your defense.