§711-1106.5  Harassment by stalking. 
(1)  A person commits the offense of harassment by stalking if, with intent to
harass, annoy, or alarm another person, or in reckless disregard of the risk
thereof, that person engages in a course of conduct involving pursuit,
surveillance, or nonconsensual contact upon the other person on more than one
occasion without legitimate purpose.



(2)  A person convicted under this section may
be required to undergo a counseling program as ordered by the court.



(3)  For purposes of this section,
"nonconsensual contact" means any contact that occurs without that
individual's consent or in disregard of that person's express desire that the
contact be avoided or discontinued.  Nonconsensual contact includes direct personal
visual or oral contact and contact via telephone, facsimile, or any form of
electronic communication, as defined in section 711-1111(2), including
electronic mail transmission.



(4)  Harassment by stalking is a misdemeanor.
[L 1992, c 292, §2; am L 2003, c 68, §2; am L 2009, c 90, §2]



 



Cross References



 



  Power to enjoin and temporarily restrain harassment, see
§604-10.5.



  Surreptitious surveillance, see §707-733(1)(c).



 



COMMENTARY ON §711-1106.5



 



  Act 292, Session Laws 1992, created the offense of harassment
by stalking to strengthen the laws against harassment.  A person commits this
offense if, with the intent to harass, annoy, or alarm another person, or in
reckless disregard of the risk thereof, a person pursues or conducts
surveillance upon another without legitimate purpose and under circumstances
which would cause the other to reasonably believe that the actor intends to
cause bodily injury or property damage.  Conference Committee Report No. 57.



  Act 68, Session Laws 2003, amended this section by requiring
the defendant to engage in a course of conduct involving pursuit, surveillance,
or nonconsensual contact on more than one occasion without legitimate purpose
and defining "nonconsensual contact" as any contact that occurs
without the individual's consent or in disregard of that person's express
desire that the contact be avoided or discontinued.  Act 68 also repealed the
distinction that a single occurrence of a prohibited conduct is a petty
misdemeanor.  Conference Committee Report No. 54, House Standing Committee
Report No. 1315.



  Act 90, Session Laws 2009, amended subsection (3), clarifying
the definition of "nonconsensual contact" to include contact by means
of any form of electronic communication.  The legislature found that harassing
or insulting electronic communications are a form of harassment that can be
just as severe or punishing as other verbal communications or offensive
contacts.  Senate Standing Committee Report No. 1242.



 



Case Notes



 



  Where defendant was convicted of harassment by stalking under
this section, which is not one of the sexual offenses defined in chapter 707,
part V or chapter 846E, trial court abused its discretion when it ordered
defendant to undergo sex offender treatment program participation as a
condition of probation without a sufficient factual basis that was reasonably
related to the nature and circumstances of the offense of harassment by
stalking, of which defendant was found guilty.  116 H. 403 (App.), 173 P.3d
550.