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State Codes and Statutes

Statutes > Missouri > T38 > C565 > 565_225

Crime of stalking–definitions–penalties.

565.225. 1. As used in this section, the following terms shall mean:

(1) “Course of conduct”, a pattern of conduct composed of two or moreacts, which may include communication by any means, over a period of time,however short, evidencing a continuity of purpose. Constitutionallyprotected activity is not included within the meaning of course of conduct.Such constitutionally protected activity includes picketing or otherorganized protests;

(2) “Credible threat”, a threat communicated with the intent to causethe person who is the target of the threat to reasonably fear for his orher safety, or the safety of his or her family, or household members ordomestic animals or livestock as defined in section 276.606, RSMo, kept atsuch person's residence or on such person's property. The threat must beagainst the life of, or a threat to cause physical injury to, or thekidnapping of, the person, the person's family, or the person's householdmembers or domestic animals or livestock as defined in section 276.606,RSMo, kept at such person's residence or on such person's property;

(3) “Harasses”, to engage in a course of conduct directed at aspecific person that serves no legitimate purpose, that would cause areasonable person under the circumstances to be frightened, intimidated, oremotionally distressed.

2. A person commits the crime of stalking if he or she purposely,through his or her course of conduct, harasses or follows with the intentof harassing another person.

3. A person commits the crime of aggravated stalking if he or shepurposely, through his or her course of conduct, harasses or follows withthe intent of harassing another person, and:

(1) Makes a credible threat; or

(2) At least one of the acts constituting the course of conduct is inviolation of an order of protection and the person has received actualnotice of such order; or

(3) At least one of the actions constituting the course of conduct isin violation of a condition of probation, parole, pretrial release, orrelease on bond pending appeal; or

(4) At any time during the course of conduct, the other person isseventeen years of age or younger and the person harassing the other personis twenty-one years of age or older; or

(5) He or she has previously pleaded guilty to or been found guiltyof domestic assault, violation of an order of protection, or any othercrime where the other person was the victim.

4. The crime of stalking shall be a class A misdemeanor unless theperson has previously pleaded guilty to or been found guilty of a violationof this section, or of any offense committed in violation of any county ormunicipal ordinance in any state, any state law, any federal law, or anymilitary law which, if committed in this state, would be chargeable orindictable as a violation of any offense listed in this section, in whichcase stalking shall be a class D felony.

5. The crime of aggravated stalking shall be a class D felony unlessthe person has previously pleaded guilty to or been found guilty of aviolation of this section, or of any offense committed in violation of anycounty or municipal ordinance in any state, any state law, any federal law,or any military law which, if committed in this state, would be chargeableor indictable as a violation of any offense listed in this section,aggravated stalking shall be a class C felony.

6. Any law enforcement officer may arrest, without a warrant, anyperson he or she has probable cause to believe has violated the provisionsof this section.

7. This section shall not apply to activities of federal, state,county, or municipal law enforcement officers conducting investigations ofviolation of federal, state, county, or municipal law.

(L. 1993 H.B. 476 & 194 § 1, A.L. 2002 S.B. 969, et al., A.L. 2008 S.B. 818 & 795)