Menacing by Stalking In Ohio
In State v. Moore (May 8, 1998), Montgomery App. No. 16223, 1998 Ohio App, the court affirmed the defendant's conviction for menacing by stalking.
The facts in Moore involve six incidents in which the defendant screamed obscenities at the victim; made obscene gestures at her; watched her for long periods of time; and in one case yelled to her, "I am going to get you." Id.
There was also testimony from the victim that the defendant made her nervous when she left her home, that she was afraid of the defendant, and that she thought he might hurt her. Id.
In Moore, the court held that "the testimony of the alleged victim if believed, would persuade the average mind, beyond reasonable doubt, that defendant engaged in a pattern of conduct that he knew, or should have known, would cause the victim to believe that he was going to cause physical harm to her.
The cumulative effect of the alleged incidents was sufficient to put the victim in fear that the defendant would physically harm her, and a reasonable person in the defendant's position would know that." Id.