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.
- 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.
- 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.
- 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.
- 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.
§ 565.090. R.S.Mo.
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.