- A person commits the offense
of stalking
if such person:
(a)
Purposely, knowingly, or
recklessly engages in a course of conduct targeted at a specific person which
would cause a reasonable person to fear for his or her personal safety or the
safety of a member of that person's immediate family, and the person is
actually placed in such fear;
(b)
Purposely or knowingly engages
in a course of conduct targeted at a specific individual, which the actor
knows will place that individual in fear for his or her personal safety or the
safety of a member of that individual's immediate family;
or
(c)
After
being served with, or otherwise provided notice of, a protective order
pursuant to RSA
173-B, RSA
458:16, or paragraph III-a of this section, or an order pursuant to
RSA
597:2 that prohibits contact with a specific individual, purposely,
knowingly, or recklessly engages in a single act of conduct that both violates
the provisions of the order and is listed in paragraph
II(a).
- As used in this
section:
(a)
"Course of conduct" means 2 or
more acts over a period of time, however short, which evidences a continuity
of purpose. A course of conduct shall not include constitutionally protected
activity, nor shall it include conduct that was necessary to accomplish a
legitimate purpose independent of making contact with the targeted person. A
course of conduct may include, but not be limited to, any of the following
acts or a combination thereof:
(1)
Threatening the safety of the
targeted person or an immediate family member.
(2)
Following, approaching, or
confronting that person, or a member of that person's immediate
family.
(3)
Appearing in close proximity to,
or entering the person's residence, place of employment, school, or other
place where the person can be found, or the residence, place of employment or
school of a member of that person's immediate family.
(4)
Causing damage to the person's
residence or property or that of a member of the person's immediate
family.
(5)
Placing an object on the
person's property, either directly or through a third person, or that of an
immediate family member.
(6)
Causing injury to that person's
pet, or to a pet belonging to a member of that person's immediate
family.
(7)
Any
act of communication, as defined in RSA
644:4, II.
(b)
"Immediate family" means father,
mother, stepparent, child, stepchild, sibling, spouse, or grandparent of the
targeted person, any person residing in the household of the targeted person,
or any person involved in an intimate relationship with the targeted
person.
III.
[Repealed.]
III-a. A person who has been the victim of
stalking
as defined in this section
may seek relief by filing a
civil petition in the district court or the superior court in the county or
district where the plaintiff or defendant resides. Upon a showing of stalking
by a preponderance of the evidence, the court shall grant such relief as is
necessary to bring about a cessation of stalking.
The types of relief that may be granted, the procedures and burdens of proof
to be applied in such proceedings, the methods of notice, service, and
enforcement of such orders, and the penalties for violation thereof shall be
the same as those set forth in RSA
173-B.
III-b. The minority of a plaintiff or
defendant shall not preclude the court from
issuing protective orders under this section.
III-c. Any order under this section shall be
for a fixed period of time not to
exceed one year, but may be
extended by order of the court upon a motion by the plaintiff, showing good
cause, with notice to the defendant, for one year after the expiration of the
first order and thereafter each extension may be for up to 5 years, upon the
request of the plaintiff and at the discretion of the court. The court shall
review the order, and each renewal thereof and shall grant such relief as may
be necessary to provide for the safety and well-being of the plaintiff. A
defendant shall have the right to a hearing on the extension of any order
under this paragraph to be held within 30 days of the extension. The court
shall state in writing, at the respondent's request, its reason or reasons for
granting the extension. The court shall retain jurisdiction to enforce and
collect the financial support obligation which accrued prior to the expiration
of the protective order.
III-d.
(a)
A
protective order issued pursuant to this section, RSA
173-B:4, or RSA
173-B:5 shall not be construed to prohibit an attorney, or any
person acting on the attorney's behalf, who is representing the defendant in
an action brought under this chapter, or in any criminal proceeding concerning
the abuse alleged under this chapter, from contacting the plaintiff for a
legitimate purpose within the scope of the civil or criminal proceeding;
provided, that the attorney or person acting on behalf of the attorney:
identifies himself or herself as a representative of the defendant;
acknowledges the existence of the protective order and informs the plaintiff
that he or she has no obligation to speak; terminates contact with the
plaintiff if the plaintiff expresses an unwillingness to talk; and ensures
that any personal contact with the plaintiff occurs outside of the defendant's
presence, unless the court has modified the protective order to permit such
contact.
(b)
A
no-contact provision in a protective order issued pursuant to this section
shall not be construed to:
(1)
Prevent contact between counsel
for represented parties; or
(2)
Prevent a party from appearing
at a scheduled court or administrative hearing; or
(3)
Prevent a defendant or
defendant's counsel from sending the plaintiff copies of any legal pleadings
filed in court relating to the domestic violence petition or related civil or
criminal matters.
(c)
A
violation of this paragraph may result in a finding of contempt of
court.
- In any complaint, information,
or indictment brought for the enforcement of any provision of this statute,
it shall not be necessary to negate any exception, excuse, proviso, or
exemption contained herein and the burden of proof of any exception, excuse,
proviso, or exemption shall be upon the defendant.
- Any law enforcement officer
may arrest, without a warrant, any person that the officer has probable
cause to believe has violated the provisions of this section when the
offense occurred within 12 hours, regardless of whether the crime occurred
in the presence of the officer. A law enforcement officer shall arrest a
person when he has probable cause to believe a violation of the provisions
of this section has occurred within the last 12 hours when the offense
involves a violation of a protective order issued pursuant to RSA
173-B, RSA
458:16, or paragraph III-a of this section.
(a)
Any
person convicted of a violation of this section and who has one or more prior
stalking
convictions in this state or another state when the second or subsequent
offense occurs within 7 years following the date of the first or prior offense
shall be guilty of a class B felony.
(b)
In
all other cases, any person who is convicted of a violation of this
section shall be guilty of a class A misdemeanor.
VII. If any provision or application of this
section or the application thereof to a
person or circumstance is held
invalid, the invalidity does not affect other provisions or applications of
this section which can be given effect without the invalid provisions or
applications, and to this end the provisions of this section are
severable.