ALASKA
11.41.260 - 1996. Stalking in the First Degree.
(a) A person commits the crime of stalking in the first degree if the person violates AS 11.41.270 and (1) the actions constituting the offense are in violation of an order issued or filed under AS 18.66.100 - 18.66.180 or issued under former AS 25.35.010(b) or 25.35.020;
(2) the actions constituting the offense are in violation of a condition of probation, release before trial, release after conviction, or parole;
(3) the victim is under 16 years of age;
(4) at any time during the course of conduct constituting the offense the defendant possessed a deadly weapon;
(5) the defendant has been previously convicted of a crime under this section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another jurisdiction with elements similar to a crime under this section, AS 11.41.270, or AS 11.56.740; or
(6) the defendant has been previously convicted of a crime, or an attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 11.41.300 - 11.41.460, AS 11.56.810, AS 11.61.120, or (B) a law or an ordinance of this or another jurisdiction with elements similar to a crime, or an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 11.41.300 - 11.41.460, AS 11.56.810, or AS 11.61.120, involving the same victim as the present offense.
(b) In this section, "course of conduct" and "victim" have the meanings given in AS 11.41.270(b). (c) Stalking in the first degree is a class C felony.
11.41.270 - 1993. Stalking in the Second Degree.
(a) A person commits the crime of stalking in the second degree if the person knowingly engages in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the death or physical injury of a family member.
(b) In this section,
(1) "course of conduct" means repeated acts of nonconsensual contact involving the victim or a family member;
(2) "family member" means a
(A) spouse, child, grandchild, parent, grandparent, sibling, uncle, aunt, nephew, or niece, of the victim, whether related by blood, marriage, or adoption;
(B) person who lives, or has previously lived, in a spousal relationship with the victim;
(C) person who lives in the same household as the victim; or
(D) person who is a former spouse of the victim or is or has been in a dating, courtship, or engagement relationship with the victim;
(3) "nonconsensual contact" means any contact with another person that is initiated or continued without that person's consent, that is beyond the scope of the consent provided by that person, or that is in disregard of that person's expressed desire that the contact be avoided or discontinued; "nonconsensual contact" includes
(A) following or appearing within the sight of that person;
(B) approaching or confronting that person in a public place or on private property;
(C) appearing at the workplace or residence of that person;
(D) entering onto or remaining on property owned, leased, or occupied by that person;
(E) contacting that person by telephone;
(F) sending mail or electronic communications to that person;
(G) placing an object on, or delivering an object to, property owned, leased, or occupied by that person;
(4) "victim" means a person who is the target of a course of conduct. (c) Stalking in the second degree is a class A misdemeanor.
Tuesday
Arizona Stalking Laws
ARIZONA
13-2923 . Stalking; classification; definitions. 1998.
A. A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct either:
1. Would cause a reasonable person to fear for the person's safety or the safety of that person's immediate family member and that person in fact fears for their safety or the safety of that person's immediate family member.
2. Would cause a reasonable person to fear physical injury to or death of that person or that person's immediate family member and that person in fact fears physical injury to or death of that person or that person's immediate family member.
B. Stalking under subsection A, paragraph 1 of this section is a class 5 felony. Stalking under subsection A, paragraph 2 is a class 3 felony.
C. For the purposes of this section:
1. "Course of conduct" means maintaining visual or physical proximity to a specific person or directing verbal, written or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short, but does not include constitutionally protected activity.
2. "Immediate family member" means a spouse, parent, child or sibling or any other person who regularly resides in a person's household or resided in a person'shousehold within the past six months.
13-2923 . Stalking; classification; definitions. 1998.
A. A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct either:
1. Would cause a reasonable person to fear for the person's safety or the safety of that person's immediate family member and that person in fact fears for their safety or the safety of that person's immediate family member.
2. Would cause a reasonable person to fear physical injury to or death of that person or that person's immediate family member and that person in fact fears physical injury to or death of that person or that person's immediate family member.
B. Stalking under subsection A, paragraph 1 of this section is a class 5 felony. Stalking under subsection A, paragraph 2 is a class 3 felony.
C. For the purposes of this section:
1. "Course of conduct" means maintaining visual or physical proximity to a specific person or directing verbal, written or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short, but does not include constitutionally protected activity.
2. "Immediate family member" means a spouse, parent, child or sibling or any other person who regularly resides in a person's household or resided in a person'shousehold within the past six months.
Arkansas Stalking Laws
ARKANSAS
Section 5-71-229. Stalking. 1995.
(a)(1) A person commits stalking in the first degree if he purposely engages in a course of conduct that harasses another person and makes a terroristic threat with the intent of placing that person in imminent fear of death or serious bodily injury or placing that person in imminent fear of the death or serious bodily injury of his or her immediate family and he:
(A) Does so in contravention of an order of protection consistent with the Domestic Abuse Act of 1991, ' 9-15-101 et seq., or a no contact order as set out in subdivision (a)(2)(A) of this section, protecting the same victim or victims, or any other order issued by any court protecting the same victim or victims; or
(B) Has been convicted within the previous ten (10) years of:
(i) Stalking in the second degree; or
(ii) Violating ' 5-13-301 or ' 5-13-310; or
(iii) Stalking or threats against another person's safety under the statutory provisions of any other state jurisdiction; or
(C) Is armed with a deadly weapon or represents by word or conduct that he is so armed.
(2)(A) A judicial officer, upon pretrial release of the defendant, shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(B) This no contact order shall remain in effect during the pendency of any appeal of a conviction under subsection (a) of this section.
(C) The judicial officer or prosecuting attorney shall provide a copy of this no contact order to the victim and the arresting agency without unnecessary delay.
(D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the cause, the judicial officer shall enter such orders as are consistent with ' 5-2-305.
(3) Stalking in the first degree is a Class B felony.
(b)(1) A person commits stalking in the second degree if he purposely engages in a course of conduct that harasses another person and makes a terroristic threat with the intent of placing that person in imminent fear of death or serious bodily injury or placing that person in imminent fear of the death or serious bodily injury of his or her immediate family.
(2)(A) A judicial officer, upon pretrial release of the defendant, shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(B) This no contact order shall remain in effect during the pendency of any appeal of a conviction under subsection (b) of this section.
(C) The judicial officer or prosecuting attorney shall provide a copy of this no contact order to the victim and arresting agency without unnecessary delay.
(D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the cause, the judicial officer shall enter such orders as are consistent with ' 5-2-305.
(3) Stalking in the second degree is a Class C felony.
(c) It is an affirmative defense to prosecution under this section whenever the actor is a law enforcement officer, licensed private investigator, attorney, process server, licensed bail bondsman, or a store detective acting within the reasonable scope of his duty while conducting surveillance on an official work assignment.
(d) For the purpose of this section:
(1)(A) "Course of conduct" means a pattern of conduct composed of two (2) or more acts separated by at least thirty-six (36) hours, but occurring within one (1) year.
(B)(i) Constitutionally protected activity is not included within the meaning of "course of conduct".
(ii) If the defendant claims that he was engaged in a constitutionally protected activity, the court shall determine the validity of that claim as a matter of law and, if found valid, shall exclude that activity from evidence;
(2) "Harasses" means acts of harassment as defined by ' 5-71-208; and
(3) "Immediate family" means any spouse, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household or who, within the prior six (6) months, regularly resided in the household.
Section 5-71-229. Stalking. 1995.
(a)(1) A person commits stalking in the first degree if he purposely engages in a course of conduct that harasses another person and makes a terroristic threat with the intent of placing that person in imminent fear of death or serious bodily injury or placing that person in imminent fear of the death or serious bodily injury of his or her immediate family and he:
(A) Does so in contravention of an order of protection consistent with the Domestic Abuse Act of 1991, ' 9-15-101 et seq., or a no contact order as set out in subdivision (a)(2)(A) of this section, protecting the same victim or victims, or any other order issued by any court protecting the same victim or victims; or
(B) Has been convicted within the previous ten (10) years of:
(i) Stalking in the second degree; or
(ii) Violating ' 5-13-301 or ' 5-13-310; or
(iii) Stalking or threats against another person's safety under the statutory provisions of any other state jurisdiction; or
(C) Is armed with a deadly weapon or represents by word or conduct that he is so armed.
(2)(A) A judicial officer, upon pretrial release of the defendant, shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(B) This no contact order shall remain in effect during the pendency of any appeal of a conviction under subsection (a) of this section.
(C) The judicial officer or prosecuting attorney shall provide a copy of this no contact order to the victim and the arresting agency without unnecessary delay.
(D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the cause, the judicial officer shall enter such orders as are consistent with ' 5-2-305.
(3) Stalking in the first degree is a Class B felony.
(b)(1) A person commits stalking in the second degree if he purposely engages in a course of conduct that harasses another person and makes a terroristic threat with the intent of placing that person in imminent fear of death or serious bodily injury or placing that person in imminent fear of the death or serious bodily injury of his or her immediate family.
(2)(A) A judicial officer, upon pretrial release of the defendant, shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(B) This no contact order shall remain in effect during the pendency of any appeal of a conviction under subsection (b) of this section.
(C) The judicial officer or prosecuting attorney shall provide a copy of this no contact order to the victim and arresting agency without unnecessary delay.
(D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the cause, the judicial officer shall enter such orders as are consistent with ' 5-2-305.
(3) Stalking in the second degree is a Class C felony.
(c) It is an affirmative defense to prosecution under this section whenever the actor is a law enforcement officer, licensed private investigator, attorney, process server, licensed bail bondsman, or a store detective acting within the reasonable scope of his duty while conducting surveillance on an official work assignment.
(d) For the purpose of this section:
(1)(A) "Course of conduct" means a pattern of conduct composed of two (2) or more acts separated by at least thirty-six (36) hours, but occurring within one (1) year.
(B)(i) Constitutionally protected activity is not included within the meaning of "course of conduct".
(ii) If the defendant claims that he was engaged in a constitutionally protected activity, the court shall determine the validity of that claim as a matter of law and, if found valid, shall exclude that activity from evidence;
(2) "Harasses" means acts of harassment as defined by ' 5-71-208; and
(3) "Immediate family" means any spouse, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household or who, within the prior six (6) months, regularly resided in the household.
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