Stalking
MCLS § 750.411h. Stalking; definitions; violation as
misdemeanor; penalties; probation; conditions; evidence of continued conduct
as rebuttable presumption; additional penalties.
(1998)
(1)
As
used in this section:
(a)
"Course of conduct" means a
pattern of conduct composed of a series of 2 or more separate noncontinuous
acts evidencing a continuity of purpose.
(b)
"Emotional distress" means
significant mental suffering or distress that may, but does not necessarily,
require medical or other professional treatment or
counseling.
(c)
"Harassment" means conduct
directed toward a victim that includes, but is not limited to, repeated or
continuing unconsented contact that would cause a reasonable individual to
suffer emotional distress and that actually causes the victim to suffer
emotional distress. Harassment does not include constitutionally protected
activity or conduct that serves a legitimate purpose.
(d)
"Stalking"
means a willful course of conduct involving repeated or continuing harassment
of another individual that would cause a reasonable person to feel terrorized,
frightened, intimidated, threatened, harassed, or molested and that actually
causes the victim to feel terrorized, frightened, intimidated, threatened,
harassed, or molested.
(e)
"Unconsented contact" means any contact
with another individual that is initiated or continued without that
individual's consent or in disregard of that individual's expressed desire
that the contact be avoided or discontinued. Unconsented contact includes, but
is not limited to, any of the following:
(i)
Following or appearing within
the sight of that individual.
(ii)
Approaching or confronting that
individual in a public place or on private property.
(iii)
Appearing at that individual's
workplace or residence.
(iv)
Entering onto or remaining on
property owned, leased, or occupied by that individual.
(v)
Contacting that individual by
telephone.
(vi)
Sending mail or electronic
communications to that individual.
(vii)
Placing an object on, or
delivering an object to, property owned, leased, or occupied by that
individual.
(f)
"Victim" means an individual who
is the target of a willful course of conduct involving repeated or continuing
harassment.
(2)
An
individual who engages in stalking
is guilty of a crime as follows:
(a)
Except as provided in
subdivision (b), a misdemeanor punishable by imprisonment for not more than 1
year or a fine of not more than $1,000.00, or both.
(b)
If
the victim was less than 18 years of age at any time during the individual's
course of conduct and the individual is 5 or more years older than the victim,
a felony punishable by imprisonment for not more than 5 years or a fine of not
more than $10,000.00, or both.
(3)
The
court may place an individual convicted of violating this section on probation
for a term of not more than 5 years. If a term of probation is ordered, the
court may, in addition to any other lawful condition of probation, order the
defendant to do any of the following:
(a)
Refrain from stalking
any individual during the term of probation.
(b)
Refrain from having any contact
with the victim of the offense.
(c)
Be
evaluated to determine the need for psychiatric, psychological, or social
counseling and if, determined appropriate by the court, to receive
psychiatric, psychological, or social counseling at his or her own
expense.
(4)
In a
prosecution for a violation of this section, 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, gives 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.
(5)
A
criminal penalty provided for under this section may be imposed in addition to
any penalty that may be imposed for any other criminal offense arising from
the same conduct or for any contempt of court arising from the same
conduct.
MCLS § 750.411i. Definitions;
aggravated stalking; circumstances; violation as
felony; penalty; probation; additional conditions of probation; effect of
continued course of conduct; rebuttable presumption; additional penalty.
(1998)
(1)
As
used in this section:
(a)
"Course of conduct" means a
pattern of conduct composed of a series of 2 or more separate noncontinuous
acts evidencing a continuity of purpose.
(b)
"Credible threat" means a threat
to kill another individual or a threat to inflict physical injury upon another
individual that is made in any manner or in any context that causes the
individual hearing or receiving the threat to reasonably fear for his or her
safety or the safety of another individual.
(c)
"Emotional distress" means
significant mental suffering or distress that may, but does not necessarily,
require medical or other professional treatment or
counseling.
(d)
"Harassment" means conduct
directed toward a victim that includes, but is not limited to, repeated or
continuing unconsented contact that would cause a reasonable individual to
suffer emotional distress and that actually causes the victim to suffer
emotional distress. Harassment does not include constitutionally protected
activity or conduct that serves a legitimate purpose.
(e)
"Stalking"
means a willful course of conduct involving repeated or continuing harassment
of another individual that would cause a reasonable person to feel terrorized,
frightened, intimidated, threatened, harassed, or molested and that actually
causes the victim to feel terrorized, frightened, intimidated, threatened,
harassed, or molested.
(f)
"Unconsented contact" means any
contact with another individual that is initiated or continued without that
individual's consent or in disregard of that individual's expressed desire
that the contact be avoided or discontinued. Unconsented contact includes, but
is not limited to, any of the following:
(i)
Following or appearing within
the sight of that individual.
(ii)
Approaching or confronting that
individual in a public place or on private property.
(iii)
Appearing at that individual's
workplace or residence.
(iv)
Entering onto or remaining on
property owned, leased, or occupied by that individual.
(v)
Contacting that individual by
telephone.
(vi)
Sending mail or electronic
communications to that individual.
(vii)
Placing an object on, or
delivering an object to, property owned, leased, or occupied by that
individual.
(g)
"Victim" means an individual who is the
target of a willful course of conduct involving repeated or continuing
harassment.
(2)
An
individual who engages in stalking
is guilty of aggravated stalking
if the violation involves any of the following
circumstances:
(a)
At
least 1 of the actions constituting the offense is in violation of a
restraining order and the individual has received actual notice of that
restraining order or at least 1 of the actions is in violation of an
injunction or preliminary injunction.
(b)
At
least 1 of the actions constituting the offense is in violation of a condition
of probation, a condition of parole, a condition of pretrial release, or a
condition of release on bond pending appeal.
(c)
The
course of conduct includes the making of 1 or more credible threats against
the victim, a member of the victim's family, or another individual living in
the same household as the victim.
(d)
The
individual has been previously convicted of a violation of this section or
section 411h.
(3)
Aggravated stalking
is a felony punishable as follows:
(a)
Except as provided in
subdivision (b), by imprisonment for not more than 5 years or a fine of not
more than $10,000.00, or both.
(b)
If
the victim was less than 18 years of age at any time during the individual's
course of conduct and the individual is 5 or more years older than the victim,
by imprisonment for not more than 10 years or a fine of not more than
$15,000.00, or both.
(4)
The
court may place an individual convicted of violating this section on probation
for any term of years, but not less than 5 years. If a term of probation is
ordered, the court may, in addition to any other lawful condition of
probation, order the defendant to do any of the
following:
(a)
Refrain from stalking
any individual during the term of probation.
(b)
Refrain from any contact with
the victim of the offense.
(c)
Be
evaluated to determine the need for psychiatric, psychological, or social
counseling and, if determined appropriate by the court, to receive
psychiatric, psychological, or social counseling at his or her own
expense.
(5)
In a
prosecution for a violation of this section, 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, gives 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.
(6)
A
criminal penalty provided for under this section may be imposed in addition to
any penalty that may be imposed for any other criminal offense arising from
the same conduct or for contempt of court arising from the same
conduct.