UTAH
76-5-106. Harassment.
(1) A person is guilty of harassment if, with intent to frighten or harass another, he communicates a written or recorded threat to commit any violent felony.
(2) Harassment is a class B misdemeanor.
76-5-106.5. Definitions -- Crime of stalking.
(1) As used in this section:
(a) "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person or repeatedly conveying verbal or written threats or threats implied by conduct or a combination thereof directed at or toward a person.
(b) "Immediate family" means a spouse, parent, child, sibling, or any other person who regularly resides in the household or who regularly resided in the household within the prior six months.
(c) "Repeatedly" means on two or more occasions.
(2) A person is guilty of stalking who:
(a) intentionally or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person:
(i) to fear bodily injury to himself or a member of his immediate family; or
(ii) to suffer emotional distress to himself or a member of his immediate family;
(b) has knowledge or should have knowledge that the specific person:
(i) will be placed in reasonable fear of bodily injury to himself or a member of his immediate family; or
(ii) will suffer emotional distress or a member of his immediate family will suffer emotional distress; and
(c) whose conduct:
(i) induces fear in the specific person of bodily injury to himself or a member of his immediate family; or
(ii) causes emotional distress in the specific person or a member of his immediate family.
(3) Stalking is a class B misdemeanor.
(4) Stalking is a class A misdemeanor if the offender:
(a) has been previously convicted of an offense of stalking;
(b) has been convicted in another jurisdiction of an offense that is substantially similar to the offense of stalking; or
(c) has been previously convicted of any felony offense in Utah or of any crime in another jurisdiction which if committed in Utah would be a felony, in which the victim of the stalking or a member of the victim's immediate family was also a victim of the previous felony offense.
(5) Stalking is a felony of the third degree if the offender:
(a) used a dangerous weapon as defined in Section 76-1-601 under circumstances not amounting to a violation of Subsection 76-5-103(1)(a), or used other means or force likely to produce death or serious bodily injury, in the commission of the crime of stalking;
(b) has been previously convicted two or more times of the offense of stalking;
(c) has been convicted two or more times in another jurisdiction or jurisdictions of offenses that are substantially similar to the offense of stalking;
(d) has been convicted two or more times, in any combination, of offenses under Subsections
(e) has been previously convicted two or more times of felony offenses in Utah or of crimes in another jurisdiction or jurisdictions which, if committed in Utah, would be felonies, in which the victim of the stalking was also a victim of the previous felony offenses.
Amended by Chapter 10, 1997 General Session
