What is the main factor in grading the offense of stalking?

The main factor in grading the offense of stalking revolves around the nature of the harassment, which includes the specifics of the offender's actions and their impact on the victim. Stalking typically involves a pattern of behavior that causes the victim to feel threatened, fearful, or in danger. Therefore, the assessment of the severity of the offense largely hinges on how egregious and persistent the harassment was, rather than solely considering the number of accusations made or the emotional state of the victim.

While prior convictions of the offender may be relevant in legal contexts, particularly for sentencing purposes, they do not fundamentally determine the grading of the offense itself. The focus for grading is primarily concerned with the ongoing behavior and the context of that behavior, as it relates to the victim's experience. This understanding emphasizes the importance of analyzing the specific actions taken by the offender and their effects on the victim, thereby offering a clearer framework for evaluating and categorizing the offense of stalking.