MAINE
17-A - 210-A. Stalking. 1995.
1. A person is guilty of stalking if:
A. The person intentionally or knowingly engages in a course of conduct directed at another specific person that would in fact cause a reasonable person:
(1) To suffer intimidation or serious inconvenience, annoyance or alarm;
(2) To fear bodily injury or to fear bodily injury to a member of that person's immediate family; or
(3) To fear death or to fear the death of a member of that person's immediate family; and
B. The person's course of conduct in fact causes the other specific person:
(1) To suffer intimidation or serious inconvenience, annoyance or alarm;
(2) To fear bodily injury or to fear bodily injury to a member of that person's immediate family; or
(3) To fear death or to fear the death of a member of that person's immediate family.
2. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person or repeatedly conveying oral or written threats, threats implied by conduct or a combination of threats and conduct directed at or toward a person. For purposes of this section, "course of conduct" also includes, but is not limited to, gaining unauthorized access to personal, medical, financial or other identifying information, including access by computer network, mail, telephone or written communication.
"Course of conduct" does not include activity protected by the Constitution of Maine, the United States Constitution or by state or federal statute.
B. "Immediate family" means a spouse, parent, child, sibling, stepchild, stepparent or any person who regularly resides in the household or who within the prior 6 months regularly resided in the household.
C. "Repeatedly" means on 2 or more occasions.
3. Stalking is a Class D crime for which the court shall impose a sentencing alternative involving a term of imprisonment of at least 60 days, of which 48 hours may not be suspended, and may order the actor to attend an abuser education program approved by the court, except that stalking is a Class C crime when the actor has 2 or more prior convictions for violations of this section, 2 or more convictions under Title 5, section 4659; Title 15, section 321; or Title 19, section 769 or 2 or more prior convictions for violations of any other temporary, emergency, interim or final protective order, an order of a tribal court of the Passamaquoddy Tribe or the Penobscot Nation, any similar order issued by any court of the United States or of any other state, territory, commonwealth or tribe or a court-approved consent agreement. The court shall impose a sentencing alternative involving a term of imprisonment, in the case of a Class C crime, of at least 6 months, of which 14 days may not be suspended, and may order the actor to attend an abuser education program approved by the court. For purposes of this subsection, the dates of both of the prior convictions must precede the commission of the offense being enhanced by no more than 10 years, although both prior convictions may have occurred on the same day.
Stalking is not a Class C crime if the commission of the 2 prior offenses occurred within a 3-day period. The date of the conviction is determined to be the date that the sentence is imposed, even though an appeal was taken. The date of a commission of a prior offense is presumed to be that stated in the complaint, information, indictment or other formal charging instrument, notwithstanding the use of the words "on or about" or the equivalent.
