Stalking
§ 14-5.5. Stalking. (2000)
(a)
Definition of
terms:
(1) Harass means to engage in a
course of conduct directed at a specific person that causes substantial
emotional distress in such person and serves no legitimate
purpose.
(2) Course of conduct means the
pattern of conduct composed of a series of acts over time, however short,
evidencing a continuity of purpose.
(3) Credible threat means a
threat made with the intent to cause the person who is the target of the
threat to reasonably fear for his or her safety. The threat must be
against the life of, or a threat to cause bodily injury to, a
person.
(b)
A
person commits the offense of stalking if the person willfully on more
than one occasion follows, harasses or is in the presence of another
person without legal purpose.
(c)
A
person commits the offense of aggravated stalking if the person willfully
on more than one occasion follows, harasses or is in the presence of
another person without legal purpose, and:
(1) Makes a credible threat with
the intent to place that person in reasonable fear of death or bodily
injury; or
(2) Commits the offense when
there is a court order in effect prohibiting similar behavior;
or
(3) Commits the offense within
five years of a prior conviction for this offense;
or
(4) The person stalked is a
minor under 16 years of age.
(d)
Penalty:
(1) A violation of subsection
(b) of this section shall be punished by a fine of $500.00, imprisonment
for up to one year, or both.
(2) A violation of subsection
(c) of this section shall be punished by fine of $5,000.00, imprisonment
for up to one year, or both.
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Related
Offenses
Cherokee Code § 14-5.3. Telephone harassment.
(2000)
(a) A
person
is guilty of the offense of telephone harassment if he
unlawfully:
(1) Uses
in telephonic communications any words or language of a profane, vulgar,
lewd, lascivious or indecent character, nature or
connection.
(2) Uses
in telephonic communication any words or language threatening to inflict
bodily harm to any person or physical injury to the property of any person
or for the purpose of extorting money or other things of value from any
person.
(3) Telephones
another repeatedly, whether or not conversation ensues, for the purpose of
abusing, annoying, threatening, terrifying, harassing or embarrassing any
person at the called number.
(4) Makes
a telephone call and fails to hang up or disengage the connection with the
intent to disrupt the service of another.
(5) Telephones
another and knowingly makes any false statement concerning death, injury,
illness, disfigurement, indecent conduct or criminal conduct of the person
telephoned, or of any member of his family or household with the intent to
abuse, annoy, threaten, terrify, harass or embarrass.
(6) Knowingly
permits any telephone under his control to be used for any purposes
prohibited by this section
(b) A
violation
of this section is punishable by a fine of not more than $500.00 or
imprisonment of not more than one year, or both.
Cherokee Code § 14-5.12. Violation of privacy.
(2000)
(a) It
shall be unlawful, except as authorized by law to:
(1) Trespass
on property with intent to subject anyone to eavesdropping or other
surveillance, or to visually observe another, in a private
place;
(2) Install
in any private place, without the consent of the person or persons
entitled to privacy there, any device for observing, photographing,
recording, amplifying or broadcasting sounds or events in such place, or
use any such unauthorized installation;
(3) Install
or use outside of any private place any device for hearing, recording,
amplifying, or broadcasting sounds originating in such place which would
not ordinarily be audible or comprehensible outside without the consent of
the person or persons entitled to privacy there; or
(4) Divulge
without consent of the sender or receiver the existence or content of any
such message if the actor knows that the message was illegally
intercepted, or if he learned of the message in the course of employment
with an agency engaged in transmitting it.
(b) Definitions:
(1) Eavesdrop means
to overhear, record, amplify, or transmit any part of an oral or written
communication of others without the consent of at least one party thereto
by means of any electrical, mechanical or other device. Such eavesdropping
or other surveillance shall include, but not be limited to, unauthorized
access to computers, data processing equipment or any electronic or manual
data storage or record keeping equipment or other such storage
devices.
(2) Private place
means
a place where one can reasonably expect to be safe from casual or hostile
intrusion or surveillance.
Violation of privacy shall be punishable
by a fine not to exceed $5,000.00, by a term of imprisonment not to exceed
one year, or both.
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