§711-1106.5  Harassment by stalking.  (1)  A person commits the offense of harassment by stalking if, with intent to harass, annoy, or alarm another person, or in reckless disregard of the risk thereof, that person engages in a course of conduct involving pursuit, surveillance, or nonconsensual contact upon the other person on more than one occasion without legitimate purpose.

     (2)  A person convicted under this section may be required to undergo a counseling program as ordered by the court.

     (3)  For purposes of this section, "nonconsensual contact" means any contact that occurs without that individual's consent or in disregard of that person's express desire that the contact be avoided or discontinued.  Nonconsensual contact includes direct personal visual or oral contact and contact via telephone, facsimile, or electronic mail transmission.

     (4)  Harassment by stalking is a misdemeanor. [L 1992, c 292, §2; am L 2003, c 68, §2]

 

Cross References

 

  Power to enjoin and temporarily restrain harassment, see §604-10.5.

  Surreptitious surveillance, see §707-733(1)(c).

 

COMMENTARY ON §711-1106.5

 

  Act 292, Session Laws 1992, created the offense of harassment by stalking to strengthen the laws against harassment.  A person commits this offense if, with the intent to harass, annoy, or alarm another person, or in reckless disregard of the risk thereof, a person pursues or conducts surveillance upon another without legitimate purpose and under circumstances which would cause the other to reasonably believe that the actor intends to cause bodily injury or property damage.  Conference Committee Report No. 57.

  Act 68, Session Laws 2003, amended this section by requiring the defendant to engage in a course of conduct involving pursuit, surveillance, or nonconsensual contact on more than one occasion without legitimate purpose and defining "nonconsensual contact" as any contact that occurs without the individual's consent or in disregard of that person's express desire that the contact be avoided or discontinued.  Act 68 also repealed the distinction that a single occurrence of a prohibited conduct is a petty misdemeanor.  Conference Committee Report No. 54, House Standing Committee Report No. 1315.