Aggravated stalking in Georgia is a felony that carries one to ten years in prison and a fine of up to $10,000. What sets it apart from ordinary stalking is a specific trigger: the person accused was already under a court order, bond, or supervision condition that prohibited the very conduct they went on to commit. The state treats the escalation as serious because judicial intervention had already failed once.
What Makes Stalking “Aggravated” in Georgia
Under O.C.G.A. 16-5-91, aggravated stalking occurs when a person follows, places under surveillance, or contacts another person without consent, for the purpose of harassing and intimidating them, while an existing legal order forbids that contact.1Justia. Georgia Code 16-5-91 – Aggravated Stalking The felony grade attaches on the first offense; there is no misdemeanor version of this charge.
The predicate order can take several forms:
- Temporary or permanent protective orders, temporary or permanent restraining orders, and preliminary or permanent injunctions
- Bonds to keep the peace or good behavior bonds
- Conditions of pretrial release, probation, or parole that prohibit harassing or intimidating the victim
The order has to be in effect at the moment of the alleged conduct. If it had already expired or been dissolved, the aggravated charge loses its foundation, though a simple stalking charge could still stand.1Justia. Georgia Code 16-5-91 – Aggravated Stalking
The Pattern Requirement
One incident is not enough. In State v. Burke (2010), the Georgia Supreme Court held that a single violation of a protective order does not, on its own, amount to aggravated stalking.2Justia. State v. Burke The reasoning ran through the statutory text: the offense requires conduct done “for the purpose of harassing and intimidating,” and the statute’s definition of that phrase demands “a pattern of harassing and intimidating behavior.” The State therefore has to prove more than one act.
The Court was direct on the point: the existence of a protective order does not relieve the prosecution of proving every element of the crime. A lone phone call in violation of an order can support a contempt-of-court finding, but standing alone it cannot support an aggravated stalking conviction.2Justia. State v. Burke
The definition of “harassing and intimidating” adds further texture. It means a knowing and willful course of conduct directed at a specific person that causes emotional distress by placing them in reasonable fear for their safety or for the safety of an immediate family member, and that serves no legitimate purpose.3Justia. Georgia Code 16-5-90 – Stalking; Psychological Evaluation
Penalties
Conviction carries a mandatory minimum of one year and a maximum of ten years in prison, with a fine of up to $10,000.1Justia. Georgia Code 16-5-91 – Aggravated Stalking Where a sentence falls in that range depends on the judge, and typically reflects how severe the harassment was, whether physical harm occurred, and the defendant’s prior record.
Courts may add other conditions. Judges sometimes order psychological counseling or rehabilitation, particularly when the stalking grew out of a domestic relationship.
Collateral Consequences of the Felony Record
The prison term and fine are only the visible part of the sentence. Because aggravated stalking is a felony, Georgia law bars anyone convicted of it from possessing a firearm. A violation of that ban is itself a separate felony punishable by one to ten years.4Justia. Georgia Code 16-11-131 – Possession of Firearms by Convicted Felons and First Offender Probationers Beyond firearms, a felony record creates lasting barriers to employment, professional licensing, housing, and some government benefits. Those effects often outlast the sentence itself.
How Aggravated Stalking Differs From Simple Stalking
Simple stalking under O.C.G.A. 16-5-90 covers the same core conduct — following, surveilling, or contacting someone without consent to harass and intimidate them — but does not require a pre-existing court order. A first simple stalking conviction is a misdemeanor. A second or subsequent conviction becomes a felony with the same one-to-ten-year range as aggravated stalking.3Justia. Georgia Code 16-5-90 – Stalking; Psychological Evaluation
The distinction, then, is the order. That single fact turns what would be a misdemeanor into a felony on the first offense.
Common Defenses
A viable defense usually attacks one of the elements the State has to prove.
No Pattern of Conduct
If the prosecution can point only to a single incident, Burke controls. Contempt of court and simple stalking may still be on the table, but the aggravated charge should not survive.2Justia. State v. Burke
No Valid or Known Order
The whole charge rests on a qualifying legal order being in force. If the order had expired, been vacated, or never issued at all, the aggravated stalking count collapses. Service is another angle: where the defendant was never properly served and had no actual knowledge of the order, the violation is difficult to characterize as willful.1Justia. Georgia Code 16-5-91 – Aggravated Stalking
No Intent to Harass or Intimidate
The statute requires that the contact was made for the purpose of harassing and intimidating. If the defendant can show a legitimate reason for the contact, such as an unavoidable encounter at a child custody exchange or a communication required by a shared business obligation, the intent element weakens. Courts look at the full circumstances rather than the bare fact that contact occurred.
First Amendment Limits on Speech-Based Charges
When a stalking charge rests on what the defendant said, constitutional questions can arise. “True threats,” statements meant to communicate a serious intent to harm, fall outside First Amendment protection.5Constitution Annotated. True Threats In Counterman v. Colorado (2023), the U.S. Supreme Court held that a true-threats conviction requires at least a showing of recklessness: the speaker must have consciously disregarded a substantial risk that the recipient would perceive the statements as threatening. Political hyperbole and other protected speech cannot ground a stalking prosecution, but repeated, targeted messages that a reasonable person would find threatening generally can.
When Federal Charges Apply
Stalking that crosses state lines or relies on interstate electronic communication can also be charged federally under 18 U.S.C. 2261A, on top of or in place of a Georgia case. The federal statute reaches two situations: physically traveling across state lines to stalk someone, and using the mail, email, social media, or other electronic communication systems in a course of conduct that puts the victim in reasonable fear of death or serious injury, or causes substantial emotional distress.6Office of the Law Revision Counsel. 18 USC 2261A – Stalking
Federal prosecutors, like their state counterparts, need to prove a course of conduct made up of at least two acts, and they must show the defendant acted with intent to kill, injure, harass, or intimidate.6Office of the Law Revision Counsel. 18 USC 2261A – Stalking
Where the Predicate Order Comes From
Because the aggravated charge depends on an existing order, it helps to know how such an order arises. Georgia has two main tracks.
Under the Family Violence Act, someone who has suffered family violence — which includes stalking by a household member, current or former spouse, parent of the victim’s child, or other family relationship — can petition the superior court. If the petition alleges specific facts showing probable cause that family violence has occurred and may continue, the court can issue an emergency temporary protective order without the respondent present. After the respondent receives notice, a full hearing is held, and the court can issue an order lasting up to one year. On the petitioner’s motion, and after notice and hearing, the court can extend that order for up to three years or convert it to a permanent order.7Justia. Georgia Code 19-13-4 – Protective Orders and Consent Agreements
For victims without a family or household relationship to the stalker, O.C.G.A. 16-5-94 provides a stand-alone stalking restraining order. Any adult, or an adult acting for a minor, can petition based on conduct meeting the definition of stalking. Where the petition shows probable cause that stalking has occurred and may recur, the court can grant temporary ex parte relief immediately. At a later hearing, the court may order the respondent to stop the stalking behavior, stay away from the victim, and undergo psychiatric or psychological treatment, and it may award attorney’s fees to either party.8Justia. Georgia Code 16-5-94 – Restraining Orders
Either type of order, once entered and in effect, can serve as the predicate that turns subsequent stalking conduct into aggravated stalking under 16-5-91.