What enhances "stalking" from a 3rd Degree Felony to a 2nd Degree Felony?

The enhancement of stalking from a 3rd Degree Felony to a 2nd Degree Felony can occur when there is a prior conviction for a similar offense. This legal framework is intended to recognize the severity and repetitiveness of such behavior and to discourage recidivism. The rationale behind this enhancement is that a prior conviction indicates a pattern of stalking behavior, suggesting that the offender is not just acting impulsively or in a moment of poor judgment, but engaging in a continuous course of conduct that puts victims at significant risk.

While other factors such as the use of a weapon or threats against a victim's family can also elevate the seriousness of a stalking charge, they do not inherently change the degree of the felony in the same systematic way that a prior conviction does. The legal system views repeat offenders as posing a greater danger to society and is therefore more inclined to impose harsher penalties upon them, reflecting an understanding that past conduct can predict future behavior.