Virginia Threats & Stalking Defense

§ 18.2-60 (Threats) & § 18.2-60.3 (Stalking) • D.J. Rivera, Esq.

§ 18.2-60 — Threats of Death or Bodily Injury

Any person who shall knowingly communicate in a writing or by any other means a threat to kill or do bodily injury to any person shall be guilty of a Class 6 felony.

§ 18.2-60.3 — Stalking

Any person who on more than one occasion engages in conduct directed at another person with the intent to place, or with the knowledge that the conduct places, that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person’s family or household member shall be guilty of a Class 1 misdemeanor (or Class 6 felony on repeat).

Defense Strategies

Protected speech / First Amendment defense
Lack of reasonable fear or intent
False accusation or exaggeration
Insufficient evidence of repeated conduct
Negotiating no-contact orders instead of conviction

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