§ 2-1-510.
Stalking.
(1) 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
(a) following the stalked person;
or
(b) harassing, threatening, or
intimidating the stalked person, in person or by phone, by mail, or by other
action, device, or method.
(2) This section does not apply to an
activity protected by the Tribal Constitution or the Indian Civil Rights
Act.
(3) For the first offense, a
conviction of stalking is a Class D offense over which the Tribes have exclusive
jurisdiction. A second or subsequent offense or a first offense against a victim
who was under the protection of a protective order directed at the offender, is
a Class E offense over which the Tribes have concurrent jurisdiction with the
State of Montana. 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.
(4) Upon presentation of credible
evidence of violation of this section, a protective order may be granted
restraining a person from engaging in the activity described in subsection
(1).
(5) For the purpose of determining the
number of convictions under this section "conviction"
means:
(a) a conviction as defined in §
2-1-113(9).
(b) a conviction for violation of a
statute of a state or tribe similar to this section.
(6) 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.