State v. Rooks

468 S.E.2d 354 · Supreme Court of Georgia · 1996

Facts

Ricky Rooks began making harassing phone calls to his ex-wife in September 1993. After she swore out a criminal warrant, a magistrate judge granted Rooks a special condition bond prohibiting any contact with the victim or her family. Approximately two weeks later, Rooks called his ex-wife's office, identified himself as the district attorney, and asked personal questions about her. The following day, he attempted to call her at work several times, but she was out-of-town. He spoke with co-workers, telling one to inform his ex-wife "that when she gets home she can't get in" and another "you ought to know that you're going to be a witness."

Procedural history

A jury convicted Ricky Rooks of criminal attempt to commit aggravated stalking. The Court of Appeals subsequently reversed this conviction, ruling that criminal attempt to commit stalking was a legal impossibility. This court granted certiorari to review the Court of Appeals' decision.

Issue

Is criminal attempt to commit aggravated stalking a legal impossibility, or is it a punishable criminal offense?

Holding

The court reversed the Court of Appeals' ruling, holding that attempted aggravated stalking is not a legal impossibility and is a punishable criminal offense.

Rule

Stalking is a distinct crime, not merely an assault, defined by specific acts and intent. Under OCGA § 16-5-90, stalking involves intentionally following, placing under surveillance, or contacting another person with the specific intent to cause emotional distress by placing them in reasonable fear of death or bodily harm to themselves or family. Unlike assault, stalking does not require an immediate threat or the victim's perception of a threat to themselves, as it can involve fear for family members. Therefore, attempting the specific acts of stalking with the requisite intent is neither absurd nor impractical to criminalize.

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