1.140 — FELONY STALKING & HARASSING

Violations of "Statute 1.140" results in a Class F Felony

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(a) Definitions

Stalking and harassment is defined as the unlawful and intentional engagement in a course of conduct directed at a specific individual that would cause a reasonable person to fear for their safety or the safety of others, or to suffer substantial emotional distress. This conduct may include, but is not limited to, following, monitoring, contacting, or interfering with the individual’s daily activities.

(b) Elements

To prove stalking and harassment, the prosecution must establish the following elements beyond a reasonable doubt:

1. The defendant engaged in a course of conduct directed at a specific individual.

2. The conduct was intended to, or would reasonably be expected to, cause fear for the safety of the individual or their immediate family.

3. The conduct caused the individual to experience substantial emotional distress.

4. The defendant acted knowingly and without legal justification or excuse.

5. The defendant acts knowingly of a court order or restraint order.

(c) Defenses

Defenses to a charge of stalking and harassment may include, but are not limited to:

1. Lack of Intent: The defendant did not intend to cause fear or emotional distress to the individual.

2. Consent: The individual had consented to the conduct or had previously engaged in a relationship with the defendant.

3. Legitimate Purpose: The defendant’s conduct was for a legitimate purpose and did not seek to harm or intimidate the individual.

4. Mistaken Identity: The defendant was not the person responsible for the alleged conduct.

(d) Stalking and Harassment Rights

Individuals have the right to be free from stalking and harassment. Engaging in a pattern of conduct that targets another individual in a way that causes fear or emotional distress is unlawful under this code.

(e) Violations of Court Orders or Restraint Orders

Engaging in stalking or harassment in violation of a court order or restraining order is considered an aggravating factor that elevates the severity of the offense under Statute 01.140.

1. Definition of Violation: A violation occurs when the defendant knowingly engages in conduct that is expressly prohibited by a valid court order or restraining order designed to protect the individual from stalking or harassment.

2. Elements of Violation: To prove that a violation of a court order occurred in relation to stalking and harassment, the prosecution must establish the following elements beyond a reasonable doubt:

   • The defendant was subject to a valid court order or restraining order at the time of the alleged conduct.

   • The conduct engaged in by the defendant was specifically prohibited by the court order or restraining order.

   • The defendant acted knowingly and with intent to disregard the terms of the order.