Most anti-stalking laws around the country discuss threats or threatening behavior. Most anti-stalking laws require, at minimum, that the victim feel threatened by the stalker's actions. In these states, the stalker may explicitly threaten the victim, but the law does not require that such a threat take place. As long as the stalker's other actions create a threatening climate for the victim, the law can be applied.
In a few states, however, repeated harassment or following must be accompanied by an explicit threat. Most states that require a threat also require that it be "credible." In many states that require a credible threat, the defendant must have the "intent and/or apparent ability" to carry out the threat. Someone who clearly could not carry out the threat would not fit this requirement.
Melita Schaum and Karen Parrish, Stalked, 1995
In a few states, however, repeated harassment or following must be accompanied by an explicit threat. Most states that require a threat also require that it be "credible." In many states that require a credible threat, the defendant must have the "intent and/or apparent ability" to carry out the threat. Someone who clearly could not carry out the threat would not fit this requirement.
Melita Schaum and Karen Parrish, Stalked, 1995
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