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Missouri
Stalking
This page lists the most applicable state
crimes addressing stalking. However, depending on the facts of the case, a
stalker might also be charged with other crimes, such as trespassing,
intimidation of a witness, breaking and entering, etc. Check your state code
or consult with your local prosecutor about other charges that might apply in
a particular case.
Harassment
Related Offenses
Analyzing Stalking
Laws
Stalking
*See Legislative Updates for January
- March 2010
R.S.Mo. § 565.225. Crime of stalking -- definitions – penalties.
(2008)
1.
As
used in this section, the following terms shall mean:
(1)
"Course of conduct", a pattern
of conduct composed of two or more acts, which may include communication by
any means, 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. Such constitutionally protected activity
includes picketing or other organized protests;
(2)
"Credible threat", a threat
communicated with the intent to cause the person who is the target of the
threat to reasonably fear for his or her safety, or the safety of his or her
family, or household members or domestic animals or livestock as defined in
section 276.606, RSMo, kept at such person's residence or on such person's
property. The threat must be against the life of, or a threat to cause
physical injury to, or the kidnapping of, the person, the person's family, or
the person's household members or domestic animals or livestock as defined in
section 276.606, RSMo, kept at such person's residence or on such person's
property;
(3)
"Harasses", to engage in a
course of conduct directed at a specific person that serves no legitimate
purpose, that would cause a reasonable person under the circumstances to be
frightened, intimidated, or emotionally distressed.
2.
A
person commits the crime of stalking if he or she purposely, through his or
her course of conduct, harasses or follows with the intent of harassing
another person.
3.
A
person commits the crime of aggravated stalking if he or she purposely,
through his or her course of conduct, harasses or follows with the intent of
harassing another person, and:
(1)
Makes
a credible threat; or
(2)
At
least one of the acts constituting the course of conduct is in violation of an
order of protection and the person has received actual notice of such order;
or
(3)
At
least one of the actions constituting the course of conduct is in violation of
a condition of probation, parole, pretrial release, or release on bond pending
appeal; or
(4)
At
any time during the course of conduct, the other person is seventeen years of
age or younger and the person harassing the other person is twenty-one years
of age or older; or
(5)
He or
she has previously pleaded guilty to or been found guilty of domestic assault,
violation of an order of protection, or any other crime where the other person
was the victim.
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The
crime of stalking shall be a class A misdemeanor unless the person has
previously pleaded guilty to or been found guilty of a violation of this
section, or of any offense committed in violation of any county or municipal
ordinance in any state, any state law, any federal law, or any military law
which, if committed in this state, would be chargeable or indictable as a
violation of any offense listed in this section, in which case stalking
shall be a class D felony.
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The
crime of aggravated stalking shall be a class D felony unless the person has
previously pleaded guilty to or been found guilty of a violation of this
section, or of any offense committed in violation of any county or municipal
ordinance in any state, any state law, any federal law, or any military law
which, if committed in this state, would be chargeable or indictable as a
violation of any offense listed in this section, aggravated stalking shall
be a class C felony.
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Any law
enforcement officer may arrest, without a warrant, any person he or she has
probable cause to believe has violated the provisions of this
section.
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This
section shall not apply to activities of federal, state, county, or
municipal law enforcement officers conducting investigations of violation of
federal, state, county, or municipal
law.
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Harassment
R.S.Mo. § 565.090. Harassment.
(2008)
1.
A
person commits the crime of harassment if he or she:
(1)
Knowingly communicates a threat
to commit any felony to another person and in so doing frightens, intimidates,
or causes emotional distress to such other person;
or
(2)
When
communicating with another person, knowingly uses coarse language offensive to
one of average sensibility and thereby puts such person in reasonable
apprehension of offensive physical contact or harm;
or
(3)
Knowingly frightens,
intimidates, or causes emotional distress to another person by anonymously
making a telephone call or any electronic communication;
or
(4)
Knowingly communicates with
another person who is, or who purports to be, seventeen years of age or
younger and in so doing and without good cause recklessly frightens,
intimidates, or causes emotional distress to such other person;
or
(5)
Knowingly makes repeated
unwanted communication to another person; or
(6)
Without good cause engages in
any other act with the purpose to frighten, intimidate, or cause emotional
distress to another person, cause such person to be frightened, intimidated,
or emotionally distressed, and such person's response to the act is one of a
person of average sensibilities considering the age of such
person.
2.
Harassment is a class A
misdemeanor unless:
(1)
Committed by a person twenty-one
years of age or older against a person seventeen years of age or younger;
or
(2)
The
person has previously pleaded guilty to or been found guilty of a violation of
this section, or of any offense committed in violation of any county or
municipal ordinance in any state, any state law, any federal law, or any
military law which, if committed in this state, would be chargeable or
indictable as a violation of any offense listed in this subsection. In such
cases, harassment shall be a class D felony.
3.
This
section shall not apply to activities of federal, state, county, or municipal
law enforcement officers conducting investigations of violation of federal,
state, county, or municipal law.
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Related
Offenses
R.S. Mo. § 565.250. Definitions.
(2004)
As used in sections 565.250
to 565.257, the following terms mean:
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"Full or
partial nudity", the showing of all or any part of the human genitals or
pubic area or buttock, or any part of the nipple of the breast of any female
person, with less than a fully opaque covering;
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"Photographs" or "films", the
making of any photograph, motion picture film, videotape, or any other
recording or transmission of the image of a person;
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"Place
where a person would have a reasonable expectation of privacy", any place
where a reasonable person would believe that a person could disrobe in
privacy, without being concerned that the person's undressing was being
viewed, photographed or filmed by another;
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"Prior
invasion of privacy offender", a person who previously has pleaded or been
found guilty of the crime of invasion of privacy;
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"Same
course of conduct", more than one person has been filmed in full or partial
nudity under the same or similar circumstances pursuant to one scheme or
course of conduct, whether at the same or different
times;
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"Views",
the looking upon of another person, with the unaided eye or with any device
designed or intended to improve visual acuity, for the purpose of arousing
or gratifying the sexual desire of any person.
R.S. MO. § 565.252.
Invasion of privacy, first degree, penalty.
(2001)
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A person
commits the crime of invasion of privacy in the first degree if such
person:
(1)
Knowingly photographs or films
another person, without the person's knowledge and consent, while the person
being photographed or filmed is in a state of full or partial nudity and is in
a place where one would have a reasonable expectation of privacy, and the
person subsequently distributes the photograph or film to another or transmits
the image contained in the photograph or film in a manner that allows access
to that image via a computer; or
(2)
Knowingly disseminates or
permits the dissemination by any means, to another person, of a videotape,
photograph, or film obtained in violation of subdivision (1) of this
subsection or in violation of section 565.253.
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Invasion
of privacy in the first degree is a class D
felony.
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