NORTH CAROLINA
"§ 14-277.3. Stalking.
(a) Offense. -- A person commits the offense of stalking if the person willfully on more than one occasion follows or is in the presence of another person without legal purpose and with the intent to cause death or bodily injury or with the intent to cause emotional distress by placing that person in reasonable fear of death or bodily injury.
(b) Classification. -- A violation of this section is a Class 1 misdemeanor. A person who commits the offense of stalking when there is a court order in effect prohibiting similar behavior is guilty of a Class A1 misdemeanor. A second or subsequent conviction for stalking occurring within five years of a prior conviction of the same defendant is punishable as a Class I felony."
Legislative Update: North Carolina's stalking law was amended by SB 346, enacted on January 5, 2002. The new legislation expands the conduct which constitutes stalking to include harassment, defined to include written, telephonic, cellular, facsimile, voice mail, computerized, and other electronic communications or transmissions which torment, terrorize, or terrify the person to whom they are directed. The amendment also eliminates the specific intent requirement and lowers the level of fear that the victim must experience as a result of the conduct. In addition, stalking is reclassified as a Class A1 misdemeanor while a person who commits the offense of stalking after having been previously convicted of a stalking offense is guilty of a Class F felony.
HB 1402 Legislators in North Carolina enacted a new law establishing Address Confidentiality Programs that allow stalking victims to file an application with state government agencies to keep their address confidential. Stalking victims may apply for these programs regardless of whether the stalking acts have been reported to law enforcement by providing the state with proof that they are a victim of stalking. NC HB 1402 was signed by Governor Mike Easley on October 31, 2002.
