Burns Ind. Code Ann. § 35-45-10-1. "Stalk"
defined. (1993)
As used in this chapter, "stalk"
means a knowing or an intentional course of conduct involving repeated or
continuing harassment of another person that would cause a reasonable person
to feel terrorized, frightened, intimidated, or threatened and that actually
causes the victim to feel terrorized, frightened, intimidated, or threatened.
The term does not include statutorily or constitutionally protected
activity.
HISTORY: P.L.242-1993,
§ 4.
Burns Ind. Code Ann. § 35-45-10-2. "Harassment"
defined. (1993)
As used in this chapter,
"harassment" means conduct directed toward a victim that includes but is not
limited to repeated or continuing impermissible contact that would cause a
reasonable person to suffer emotional distress and that actually causes the
victim to suffer emotional distress. Harassment does not include statutorily
or constitutionally protected activity, such as lawful picketing pursuant to
labor disputes or lawful employer-related activities pursuant to labor
disputes.
Burns Ind. Code Ann. § 35-45-10-3. "Impermissible contact" defined. (1993)
As used in this chapter,
"impermissible contact" includes but is not limited to knowingly or
intentionally following or pursuing the victim.
Burns Ind. Code Ann. § 35-45-10-4.
"Victim"
defined. (1993)
As used in this chapter,
"victim" means a person who is the object of stalking.
Burns Ind. Code Ann. § 35-45-10-5..
Violation -- Penalties.
(2002)
(a) A person who stalks another
person commits stalking, a Class D felony.
(a) The offense is a Class C felony
if at least one (1) of the following applies:
(1)
A
person:
(A)
stalks a victim;
and
(B)
makes
an explicit or an implicit threat with the intent to place the victim in
reasonable fear of:
(i)
sexual battery (as defined in
IC
35-42-4-8);
(ii) serious bodily injury;
or
(iii)
death.
(2)
A
protective order to prevent domestic or family violence, a no contact order,
or other judicial order under any of the following statutes has been issued by
the court to protect the same victim or victims from the person and the person
has been given actual notice of the order:
(A)
IC
31-15 and IC 34-26-5 or IC 31-1-11.5 before its repeal (dissolution of
marriage and legal separation).
(B)
IC
31-34, IC 31-37, or IC 31-6-4 before its repeal (delinquent children and
children in need of services).
(C)
IC
31-32 or IC 31-6-7 before its repeal (procedure in juvenile
court).
(D)
IC
34-26-5 or IC 34-26-2 and IC 34-4-5.1 before their repeal (protective order to
prevent abuse).
(E)
IC
34-26-6 (workplace violence restraining orders).
(3)
The
person's stalking of another person violates an order issued as a condition of
pretrial release, including release on bail or personal recognizance, or
pretrial diversion if the person has been given actual notice of the
order.
(4)
The
person's stalking of another person violates a no contact order issued as a
condition of probation if the person has been given actual notice of the
order.
(5)
The
person's stalking of another person violates a protective order issued under
IC
31-14-16-1 and IC 34-26-5 in a paternity action if the person has been
given actual notice of the order.
(6)
The
person's stalking of another person violates an order issued in another state
that is substantially similar to an order described in subdivisions (2)
through (5) if the person has been given actual notice of the
order.
(7)
The
person's stalking of another person violates an order that is substantially
similar to an order described in subdivisions (2) through (5) and is issued by
an Indian:
(A)
tribe;
(B)
band;
(C)
pueblo;
(D)
nation; or
(E)
organized group or community,
including an Alaska Native village or regional or village corporation as
defined in or established under the Alaska Native Claims Settlement Act ( 43
U.S.C. 1601 et seq.);
that is recognized as eligible for the special
programs and services provided by the United States to Indians because of
their special status as Indians if the person has been given actual notice of
the order.
(8)
A
criminal complaint of stalking that concerns an act by the person against the
same victim or victims is pending in a court and the person has been given
actual notice of the complaint.
(b) The offense is a Class B felony
if:
(1)
the
act or acts were committed while the person was armed with a deadly weapon;
or
(2)
the
person has an unrelated conviction for an offense under this section against
the same victim or victims.
(c) Notwithstanding subsection (a),
the court may enter judgment of conviction of a Class A misdemeanor and
sentence accordingly if the court finds mitigating circumstances. The court
may consider the mitigating circumstances in IC
35-38-1-7.1(c) in making a determination under this subsection.
However, the criteria listed in IC
35-38-1-7.1(c) do not limit the matters the court may consider in
making its determination.
(d) Notwithstanding subsection (b),
the court may enter judgment of conviction of a Class D felony and sentence
accordingly if the court finds mitigating circumstances. The court may
consider the mitigating circumstances in IC
35-38-1-7.1(c) in making a determination under this subsection.
However, the criteria listed in IC
35-38-1-7.1(c) do not limit the matters the court may consider in
making its determination.
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Harassment
Ind. Code Ann. §
35-45-2-2.
Harassment. (1996)
(a) A person who, with intent to
harass, annoy, or alarm another person but with no intent of legitimate
communication:
(1)
makes
a telephone call, whether or not a conversation ensues;
(2)
communicates with a person by
telegraph, mail, or other form of written communication;
(3)
transmits an obscene message, or
indecent or profane words, on a Citizens Radio Service channel;
or
(4)
uses
a computer network (as defined in IC
35-43-2-3(a)) or other form of electronic communication
to:
(A)
communicate with a person;
or
(B)
transmit an obscene message or
indecent or profane words to a person;
commits harassment,
a Class B misdemeanor.
(b) A message is obscene
if:
(1)
the
average person, applying contemporary community standards, finds that the
dominant theme of the message, taken as a whole, appeals to the prurient
interest in sex;
(2)
the
message refers to sexual conduct in a patently offensive way;
and
(3)
the
message, taken as a whole, lacks serious artistic, literary, political, or
scientific value.
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Related Offenses
Burns Ind. Code Ann. §
35-45-4-5. Voyeurism.
(2005)
(a)
A
person:
(1)
who:
(A)
peeps;
or
(B)
goes
upon the land of another with the intent to peep;
into an
occupied dwelling of another person; or
(2)
who
peeps into an area where an occupant of the area reasonably can be expected to
disrobe, including:
(A)
restrooms;
(B)
baths;
(C)
showers;
and
(D)
dressing
rooms;
without the
consent of the other person, commits voyeurism, a Class B
misdemeanor.
(b)
However, the offense under
subsection (a) is a Class D felony if:
(1)
it is
knowingly or intentionally committed by means of a camera, a video camera, or
any other type of video recording device; or
(2)
the
person who commits the offense has a prior unrelated
conviction:
(A)
under
this section; or
(B)
in
another jurisdiction, including a military court, for an offense that is
substantially similar to an offense described in this
section.
(c)
"Peep" means any looking of a
clandestine, surreptitious, prying, or secretive nature.
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