North Dakota
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.
N.D. Cent. Code, §
12.1-17-07.1. Stalking.
(1995)
- As used in this
section:
- "Course of conduct" means a
pattern of conduct consisting of two or more acts evidencing a continuity of
purpose. The term does not include constitutionally protected
activity.
- "Immediate family" means a
spouse, parent, child, or sibling. The term also includes any other
individual who regularly resides in the household or who within the prior
six months regularly resided in the household.
- "Stalk" means to engage in an
intentional course of conduct directed at a specific person which frightens,
intimidates, or harasses that person, and that serves no legitimate purpose.
The course of conduct may be directed toward that person or a member of that
person's immediate family and must cause a reasonable person to experience
fear, intimidation, or harassment.
- No person may intentionally
stalk another person.
- In any prosecution under this
section, it is not a defense that the actor was not given actual notice that
the person did not want the actor to contact or follow the person; nor is it a
defense that the actor did not intend to frighten, intimidate, or harass the
person. An attempt to contact or follow a person after being given actual
notice that the person does not want to be contacted or followed is prima
facie evidence that the actor intends to stalk that
person.
- In any prosecution under this
section, it is a defense that a private investigator licensed under chapter
43-30 or a peace officer licensed under chapter 12-63 was acting within the
scope of employment.
- If a person claims to have been
engaged in a constitutionally protected activity, the court shall determine
the validity of the claim as a matter of law and, if found valid, shall
exclude evidence of the activity.
- a. A person who violates this
section is guilty of a class C felony if:
(1) The person previously has
been convicted of violating section
12.1-17-
01, 12.1-17-01.1,
12.1-17-02,
12.1-17-04,
12.1-17-05,
or 12.1-17-07
or a similar offense in another state, involving the victim of the stalking;
(2) The
stalking
violates a court order issued under chapter 14-07.1
protecting the victim of the stalking,
if the person had notice of the court order; or
(3) The person previously has
been convicted of violating this section.
b. If subdivision a does not apply, a person who
violates this section is guilty
of a class A misdemeanor.
N.D. Cent. Code, §
12.1-17-04.
Terrorizing. (1983)
A person is guilty of a class C
felony if, with intent to place another human being in fear for that human
being's or another's safety or to cause evacuation of a building, place of
assembly, or facility of public transportation, or otherwise to cause serious
disruption or public inconvenience, or in reckless disregard of the risk of
causing such terror, disruption, or inconvenience, the
person:
1.
Threatens to commit any crime of
violence or act dangerous to human life; or
2.
Falsely
informs another that a situation dangerous to human life or commission of a
crime of violence is imminent knowing that the information is false.
N.D. Cent. Code, §
12.1-17-07. Harassment. (1999)
1.
A
person is guilty of an offense if, with intent to frighten or harass another,
the person:
a.
Communicates in writing or by
telephone a threat to inflict injury on any person, to any person's reputation,
or to any property;
b.
Makes a
telephone call anonymously or in offensively coarse
language;
c.
Makes
repeated telephone calls, whether or not a conversation ensues, with no purpose
of legitimate communication; or
d.
Communicates a falsehood in
writing or by telephone and causes mental anguish.
2.
The
offense is a class A misdemeanor if it is under subdivision a of subsection 1 or
subsection 4. Otherwise it is a class B misdemeanor.
3.
Any
offense defined herein and committed by use of a telephone may be deemed to have
been committed at either the place at which the telephone call or calls were
made or at the place where the telephone call or calls were
received.
4.
A
person who telephones a 911 emergency line with the intent to annoy or harass
another person or who makes a false 911 report is guilty of a class A
misdemeanor.
a.
Intent
to annoy or harass is established by proof of one or more calls with no
legitimate 911 purpose.
b.
Upon
conviction of a violation of this subsection, a person is also liable for all
costs incurred by any unnecessary emergency response.
5.
Any
offense defined herein is deemed communicated in writing if it is transmitted
electronically, by electronic mail, facsimile, or other similar
means.