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As stated previously, some states require a specific harm element in their stalking statutes. This element is defined differently depending on the state but generally amounts to victim fear. The fear is typically fear of bodily injury or death of the victim 1 or of the victim’s family member, 2 or damage to the victim’s property. 3 States also employ different tests to ascertain the harm element. States can require subjective and objective fear, 4just subjective fear, 5 or just objective fear. 6 Subjective fear means the victim must actually experience fear. Objective fear means a reasonable victim under similar circumstances would experience fear.
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