Stalking
Harassment
Analyzing Stalking
Laws
Stalking
Alaska Stat. § 11.41.260 Stalking in the first
degree. (2006)
(a) A person commits the crime of
stalking
in the first degree if the person violates AS
11.41.270 and
(1)
the
actions constituting the offense are in violation of an order issued or filed
under AS
18.66.100 -- 18.66.180
or issued under former AS 25.35.010(b) or 25.35.020;
(2)
the
actions constituting the offense are in violation of a condition of probation,
release before trial, release after conviction, or
parole;
(3)
the
victim is under 16 years of age;
(4)
at
any time during the course of conduct constituting the offense, the defendant
possessed a deadly weapon;
(5)
the
defendant has been previously convicted of a crime under this section, AS
11.41.270, or AS
11.56.740, or a law or ordinance of this or another jurisdiction
with elements similar to a crime under this section, AS
11.41.270, or AS
11.56.740; or
(6)
the
defendant has been previously convicted of a crime, or an attempt or
solicitation to commit a crime, under (A) AS
11.41.100 -- 11.41.250,
11.41.300
-- 11.41.460,
AS
11.56.807, 11.56.810,
AS
11.61.118, 11.61.120,
or (B) a law or an ordinance of this or another jurisdiction with elements
similar to a crime, or an attempt or solicitation to commit a crime, under AS
11.41.100 -- 11.41.250,
11.41.300
-- 11.41.460,
AS
11.56.807, 11.56.810,
AS
11.61.118, or 11.61.120,
involving the same victim as the present offense.
(b) In this section, "course of
conduct" and "victim" have the meanings given in AS
11.41.270(b).
(c) Stalking in the first degree is a class
C felony.
Alaska
Stat. § 11.41.270. Stalking in the second
degree. (1993)
(a) A person commits the crime of
stalking
in the second degree if the person knowingly engages in a course of conduct
that recklessly places another person in fear of death or physical injury, or
in fear of the death or physical injury of a family
member.
(b) In this
section,
(1)
"course of conduct" means
repeated acts of nonconsensual contact involving the victim or a family
member;
(2)
"family member" means
a
(A)
spouse, child, grandchild,
parent, grandparent, sibling, uncle, aunt, nephew, or niece, of the victim,
whether related by blood, marriage, or adoption;
(B)
person who lives, or has
previously lived, in a spousal relationship with the
victim;
(C)
person who lives in the same
household as the victim; or
(D)
person who is a former spouse of
the victim or is or has been in a dating, courtship, or engagement
relationship with the victim;
(3)
"nonconsensual contact" means
any contact with another person that is initiated or continued without that
person's consent, that is beyond the scope of the consent provided by that
person, or that is in disregard of that person's expressed desire that the
contact be avoided or discontinued; "nonconsensual contact"
includes
(A)
following or appearing within
the sight of that person;
(B)
approaching or confronting that
person in a public place or on private property;
(C)
appearing at the workplace or
residence of that person;
(D)
entering onto or remaining on
property owned, leased, or occupied by that person;
(E)
contacting that person by
telephone;
(F)
sending mail or electronic
communications to that person;
(G)
placing an object on, or
delivering an object to, property owned, leased, or occupied by that
person;
(H)
"victim" means a person who is
the target of a course of conduct.
(c) Stalking in the second degree is a class
A misdemeanor.
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Harassment
Alaska
Stat. § 11.61.118. Harassment in the first
degree. (2006)
(a) A person commits the crime of
harassment
in the first degree if the person violates AS
11.61.120(a)(5) and the offensive physical contact is contact with
human or animal blood, mucus, saliva, semen, urine, vomitus, or
feces.
(b) Harassment in the first degree is a class A
misdemeanor.
Alaska
Stat. § 11.61.120. Harassment in the second
degree. (2006)
(a) A person commits the crime of
harassment
in the second degree if, with intent to harass or annoy another person, that
person
(1)
insults, taunts, or challenges
another person in a manner likely to provoke an immediate violent
response;
(2)
telephones another and fails to
terminate the connection with intent to impair the ability of that person to
place or receive telephone calls;
(3)
makes
repeated telephone calls at extremely inconvenient
hours;
(4)
makes
an anonymous or obscene telephone call, an obscene electronic communication,
or a telephone call or electronic communication that threatens physical injury
or sexual contact;
(5)
subjects another person to
offensive physical contact; or
(6)
publishes or distributes
electronic or printed photographs, pictures, or films that show the genitals,
anus, or female breast of the other person or show that person engaged in a
sexual act.
(b) Harassment in the second degree is a class
B misdemeanor.
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