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21-1173.


21-1173.
   
   A. Any person who willfully, maliciously, and repeatedly follows or
   harasses another person in a manner that:
   
   1. Would cause a reasonable person or a member of the immediate family
   of that person as defined in subsection F of this section to feel
   frightened, intimidated, threatened, harassed, or molested; and
   
   2. Actually causes the person being followed or harassed to feel
   terrorized, frightened, intimidated, threatened, harassed, or
   molested,
   
   upon conviction, shall be guilty of the crime of stalking, which is a
   misdemeanor punishable by imprisonment in a county jail for not more
   than one (1) year or by a fine of not more than One Thousand Dollars
   ($1,000.00), or by both such fine and imprisonment.
   
   B. Any person who violates the provisions of subsection A of this
   section when:
   
   1. There is a temporary restraining order, a protective order or
   emergency ex parte order, or an injunction in effect prohibiting the
   behavior described in subsection A of this section against the same
   party, when the person violating the provisions of subsection A of
   this section has actual notice of the issuance of such order or
   injunction; or
   
   2. Said person is on probation or parole, a condition of which
   prohibits the behavior described in subsection A of this section
   against the same party; or
   
   3. Said person, within ten (10) years preceding the violation of
   subsection A of this section, completed the execution of sentence or
   conviction of a crime involving the use or threat of violence against
   the same party, or against a member of the immediate family of such
   party,
   
   upon conviction, shall be guilty of a felony punishable by
   imprisonment in the State Penitentiary for a term not exceeding five
   (5) years or by a fine of not more than Two Thousand Five Hundred
   Dollars ($2,500.00), or by both such fine and imprisonment.
   
   C. Any person who commits a second act of stalking within ten (10)
   years of the completion of sentence for a prior conviction under
   subsection A of this section, upon conviction thereof, shall be guilty
   of a felony punishable by imprisonment in the State Penitentiary for a
   term not exceeding five (5) years, or by a fine of not more than Two
   Thousand Five Hundred Dollars ($2,500.00), or by both such fine and
   imprisonment.
   
   D. Any person who commits an act of stalking within ten (10) years of
   the completion of execution of sentence for a prior conviction under
   subsections B and C of this section, shall, upon conviction thereof,
   be guilty of a felony punishable by a fine of not less than Two
   Thousand Five Hundred Dollars ($2,500.00) nor more than Ten Thousand
   Dollars ($10,000.00), or by imprisonment in the State Penitentiary for
   a term not exceeding ten (10) years, or by both such fine and
   imprisonment.
   
   E. Evidence that the defendant continued to engage in a course of
   conduct involving repeated unconsented contact with the victim after
   having been requested by the victim to discontinue the same or a
   different form of unconsented contact, and to refrain from any further
   unconsented contact with the victim, shall give rise to a rebuttable
   presumption that the continuation of the course of conduct caused the
   victim to feel terrorized, frightened, intimidated, threatened,
   harassed, or molested.
   
   F. For purposes of this section:
   
   1. "Harasses" means conduct directed toward a person that includes,
   but is not limited to, repeated or continuing unconsented contact,
   that would cause a reasonable person to suffer emotional distress, and
   that actually causes emotional distress to the victim. Harassment does
   not include constitutionally protected activity or conduct that serves
   a legitimate purpose;
   
   2. "Course of conduct" means a pattern of conduct composed of a series
   of two (2) or more separate acts over a period of time, however short,
   evidencing a continuity of purpose. Constitutionally protected
   activity is not included within the meaning of "course of conduct";
   
   3. "Emotional distress" means significant mental suffering or distress
   that may, but does not necessarily require, medical or other
   professional treatment or counseling;
   
   4. "Unconsented contact" means any contact with another individual
   that is initiated or continued without the consent of the individual,
   or in disregard of that individual's expressed desire that the contact
   be avoided or discontinued. Constitutionally protected activity is not
   included within the meaning of unconsented contact. Unconsented
   contact includes but is not limited to any of the following:
   
   a. following or appearing within the sight of that individual,
   
   b. approaching or confronting that individual in a public place or on
   private property,
   
   c. appearing at the workplace or residence of that individual,
   
   d. entering onto or remaining on property owned, leased, or occupied
   by that individual,
   
   e. contacting that individual by telephone,
   
   f. sending mail or electronic communications to that individual, and
   
   g. placing an object on, or delivering an object to, property owned,
   leased, or occupied by that individual; and
   
   5. "Member of the immediate family" means any spouse, parent, child,
   person related within the third degree of consanguinity or affinity or
   any other person who regularly resides in the household or who
   regularly resided in the household within the prior six (6) months.
   

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