O.C.G.A. § 16-5-90 (2007)
§ 16-5-90. Stalking; psychological evaluation
(a)(1) A person commits the offense of stalking when he or she follows, places
under surveillance, or contacts another person at or about a place or places
without the consent of the other person for the purpose of harassing and
intimidating the other person. For the purpose of this article, the terms
"computer" and "computer network" shall have the same meanings as set out in
Code Section 16-9-92; the term "contact" shall mean any communication including
without being limited to communication in person, by telephone, by mail, by
broadcast, by computer, by computer network, or by any other electronic device;
and the place or places that contact by telephone, mail, broadcast, computer,
computer network, or any other electronic device is deemed to occur shall be the
place or places where such communication is received. For the purpose of this
article, the term "place or places" shall include any public or private property
occupied by the victim other than the residence of the defendant. For the
purposes of this article, the term "harassing and intimidating" means a knowing
and willful course of conduct directed at a specific person which causes
emotional distress by placing such person in reasonable fear for such person's
safety or the safety of a member of his or her immediate family, by establishing
a pattern of harassing and intimidating behavior, and which serves no legitimate
purpose. This Code section shall not be construed to require that an overt
threat of death or bodily injury has been made.
(2) A person commits the offense of stalking when such person, in violation of a
bond to keep the peace posted pursuant to Code Section 17-6-110, standing order
issued under Code Section 19-1-1, temporary restraining order, temporary
protective order, permanent restraining order, permanent protective order,
preliminary injunction, or permanent injunction or condition of pretrial
release, condition of probation, or condition of parole in effect prohibiting
the harassment or intimidation of another person, broadcasts or publishes,
including electronic publication, the picture, name, address, or phone number of
a person for whose benefit the bond, order, or condition was made and without
such person's consent in such a manner that causes other persons to harass or
intimidate such person and the person making the broadcast or publication knew
or had reason to believe that such broadcast or publication would cause such
person to be harassed or intimidated by others.
(b) Except as provided in subsection (c) of this Code section, a person who
commits the offense of stalking is guilty of a misdemeanor.
(c) Upon the second conviction, and all subsequent convictions, for stalking,
the defendant shall be guilty of a felony and shall be punished by imprisonment
for not less than one year nor more than ten years.
(d) Before sentencing a defendant for any conviction of stalking under this Code
section or aggravated stalking under Code Section 16-5-91, the sentencing judge
may require psychological evaluation of the offender and shall consider the
entire criminal record of the offender. At the time of sentencing, the judge is
authorized to issue a permanent restraining order against the offender to
protect the person stalked and the members of such person's immediate family,
and the judge is authorized to require psychological treatment of the offender
as a part of the sentence, or as a condition for suspension or stay of sentence,
or for probation.