The Volokh Conspiracy
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"Advanced Stalking"
From Guam Code Ann. § 19.70:
(a) A person is guilty of simple stalking if he or she willfully,
maliciously, and repeatedly, follows or harasses another person or who
makes a credible threat with intent to place that person or a member of his or
her immediate family in fear of death or bodily injury.(b) A person is guilty of advanced stalking if he or she violates
Subsection (a) of this Section when there is a temporary restraining order or
an injunction or both or any other court order in effect prohibiting the
behavior described in that Subsection against the same party.
Rather an odd locution, it seems to me; the term would normally be something like "aggravated stalking," or the crime might be divided into first-degree and second-degree stalking. But legislatures can name things as they please.
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Do they give Nobel prizes for Advanced Stalking?
Doesn't seem any stranger than having "enhanced" crimes, or "high" crimes. To my eye "degree" really is the most sensible common terminology since it implies an internally relative scale, but in a couple more centuries linguistic drift might make it sound silly.
Several years ago I read an article about somebody charged with "super extreme" DUI. It's the crime we used to call DUI before grade inflation. Federal law says if you blow .08% you have to get the full DUI treatment. Some states leave it at that. Others charge you with an advanced form of DUI if you blow .15% or .20%.
That's an Arizona thing, but those are jargon. The actual crime is operating a motor vehicle under the extreme influence of intoxicating liquor. "Extreme" and "super-extreme" DUI is just a convenient short form.
Advaced stalking is what you have to master before you can hunt deer with a handsaw.
Wake me up when S-Tier stalking hits the books.
That is a Guam locution as you yourself know. Are you saying that they don't know what they said ???
Why isn't it just a violation of the restraining order? I mean that given the nature of the restraining order, you have to repeat the stalking?
Because the legislature wanted the penalties for stalking under a restraining order to be greater than the added penalties for stalking and violating a restraining order, obviously. It may be that they wanted to avoid concurrent sentencing. Wouldn't surprise me if they were reacting to a specific incident, but it might have just been "tough on crime" week.
. . .Unless you're asking why the legislature has the power to create multiple crimes covering the same conduct, a question beyond the scope of this comment.
Can a business or government commit this crime?
"advanced stalking" sounds like a course in a school for private detectives.