Fort
Peck
Tribe
Stalking
Related Offenses
- § 480. Threatening letters and telephone
calls
Analyzing Stalking
Laws
Stalking
§
224. Stalking.
(1994)
A.
A
person commits the offense of stalking if the person purposely or knowingly
causes another person substantial emotional distress or reasonable
apprehension of bodily injury or death by repeatedly:
1.
following the stalked person;
or
2.
harassing, threatening, or
intimidating the stalked person, in person or by phone, by mail, or by other
action, devise or method.
B.
Stalking is a Class A
misdemeanor. For a second or subsequent offense or for a first offense against
a victim who was under the protection of a restraining order directed at the
offender, the offender shall be imprisoned for a term of not less than three
months, or fined an amount not to exceed $500, or both. A person convicted of
stalking may be sentenced to pay all medical, counseling, and other costs
incurred by or on behalf of the victim as a result of the
offense.
C.
Upon
presentation of credible evidence of violation of this section, an order may
be granted restraining a person from engaging in the activity described in
Subsection A.
D.
For
the purpose of determining the number of convictions under this section
"conviction" means:
1.
a
judgment of conviction or sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense rendered by a legally constituted
jury, or by a court of competent jurisdiction authorized to try the case
without a jury;
2.
a
conviction in another jurisdiction for a violation of a statute similar to
this section; or
3.
a
forfeiture of bail or collateral deposited to secure the defendant's
appearance in court in this jurisdiction or another jurisdiction for violation
of a statute similar to this section, which forfeiture has not
vacated.
E.
Attempts by the accused person
to contact or follow the stalked person after the accused person has been
given actual notice that the stalked person does not want to be contacted or
followed constitutes prima facie evidence that the accused person purposely or
knowingly followed, harassed, threatened, or intimidated the stalked
person.
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Related
Offenses
§ 480. Threatening letters and telephone
calls. (1986)
Any person who, with the purpose
to terrify, intimidate, threaten, or harass:
(1)
communicates with any person by
mail and uses any obscene language, suggests the performance of sexual acts,
or threatens to inflict injury or physical harm on the person or property of
any person, or transmits obscene material of a pictorial or photographic
nature, or
(2)
communicates with any person by
telephone and uses any obscene language, suggests the performance of sexual
acts, or threatens to inflict injury or physical harm on a person or property
of any person, is guilty of sending threatening letters or making threatening
telephone calls, respectively.
Threatening letters and
telephone calls are a Class B misdemeanor.
For purposes of this Section,
the term "obscene" shall mean any clearly offensive representation or
description of sexual acts as defined in Section 220 of this Title, either
actual or simulated, or any clearly offensive representation or description of
masturbation, excretory functions, or exhibition of the genitals, which taken
as a whole, appeals to an interest in sex considered lewd or indecent by
prevailing community standards, and which lacks serious literary, artistic,
political, or scientific value.