§ 13.65. Stalking.
It is unlawful for any person to
knowingly pursue a pattern of conduct that poses a credible threat to another
person and that is intended to place that person in reasonable apprehension of
death, bodily harm, sexual assault, confinement or restraint and upon conviction
thereof, may be sentenced to confinement for a period not to exceed six (6)
months or pay a fine of up to $1,000 or both with costs. In the discretion of
the Court, such offender may be required to furnish a satisfactory bond to keep
the peace or may be subject to such other orders as the court deems necessary or
just.
Proof of the reasonable
apprehension may be furnished by the perpetrator committing one or more of the
following acts:
a.
following a person, other than in
the residence of the stalker;
b.
placing a person under
surveillance
by remaining present outside that person's school,
residence, workplace or vehicle or an other place frequented by the person other
than in the residence of the stalker;
c.
harassing a person; or
d.
any
other verbal or nonverbal threat made with the intent and the apparent ability
to carry out the threat that would cause a reasonable person to fear for her/his
safety.
It should be noted that police officers should
not be prosecuted under this section if they are performing acts in the line of
duty.