6 CMC §
1508. Stalking in the first degree. (2004)
(a) A
person commits the crime of stalking in the first degree if the person
violates 6 CMC § 1509 and
(1)
the
actions constituting the offense are in violation of an order of protection
issued by a court of law.
(2) the
actions constituting the offense are in violation of a condition of probation,
release before trial, release before trial, release after conviction, or
parole;
(3) the
victim is under 16 years of age;
(4) at
any time during the course of conduct constituting the offense, the defendant
possessed a dangerous weapon;
(5)
the
defendant has been previously convicted of stalking in the first degree,
stalking in the second degree, violating an order for protection, or a law or
ordinance of this or another jurisdiction with elements similar to stalking in
the first degree, stalking in the second degree, or Violating an order for
protection.
(6)
the
defendant has been previously convicted of a crime involving domestic
violence, or an attempt or solicitation to commit a crime involving domestic
violence, under (A) murder in the first or second degree or manslaughter,
under 6 CMC §§ 1101-1102; (B) assault, assault and battery, aggravated assault
or assault with a dangerous weapon, under 6 CMC §§ 1201-1204; (C) kidnapping,
under 6 CMC § 1421; (D) sexual assault or sexual abuse of a minor in any
degree, under 6 CMC §§ 1301-1309, or the former crimes of Rape, Rape of
Spouse, Criminal Sodomy, Criminal Oral Copulation, Rape by Object, or Sexual
Abuse of a Child, under former 6 CMC §§ 1301-1311; (E) terroristic
threatening, under 6 CMC §3112; (F) violating an order of protection, under 6
CMC § 1504; (G) disturbing the peace, under 6 CMC § 3101; or (H) a law or an
ordinance of this or another jurisdiction with elements similar to any crime
listed in (A) through (G) of this subsection, involving the same victim as the
present offense.
(b) In
this section, ‘[course] of conduct' and ‘victim' have the meanings given in 6
CMC § 1509.
(c)
Stalking
in the first degree is punishable by a term of imprisonment not to exceed five
years, a fine not to exceed $2,000, or both.
6 CMC § 1509 Stalking in the second degree.
(2004)
(a) A
person commits the crime of stalking in the second degree if the person
knowingly engages in a course of conduct that recklessly places another person
in fear of death or physical injury, or in fear of the death or physical
injury of a family member.
(b)
in
this section,
(1)
‘course
of conduct' means repeated acts of nonconsensual contact involving the victim
or a family member;
(2) ‘family
member' means a
(A) spouse,
child, grandchild, parent, godparent, sibling, uncle, aunt, nephew, or niece,
of the victim, whether related by blood, marriage, or adoption;
(B)
person
who lives, or has previously lived, in a spousal relationship with the
victim;
(C) person
who lives in the same household ad the victim; or
(D)
person
who is former spouse of the victim or is or has been in a dating, courtship,
or engagement relationship
with the victim;
(3)
‘nonconsensual
contact' means any contact with another person that is initiated or continued
without that person's consent, that is beyond the scope of the consent
provided by that person, or that is in disregard of that person's expressed
desire that the contact be avoided or discontinued: "nonconsensual contact"
includes
(A)
following
or appearing within sight of that person;
(B) approaching
or confronting that person in a public place or on private
property:
(C)
appearing
at the workplace or residence of that person;
(D)
entering
onto or remaining on property owned, leased, or occupied by that
person;
(E)
contacting
that person by telephone:
(F)
sending
mail or electronic communications to that person:
(G)
placing
an object on, or delivering an object to, property owned, leased, or occupied
by that person;
(4) ‘victim'
means a person who is the target of a course of conduct.
(c)
Stalking
in the second degree is punishable by a term of imprisonment not to exceed one
year, a fine of $1,000, or both.