CHAPTER 10. STALKING
IC 35-45-10
Chapter 10. Stalking
IC 35-45-10-1
"Stalk" defined
Sec. 1. As used in this chapter, "stalk" means a knowing or anintentional course of conduct involving repeated or continuingharassment of another person that would cause a reasonable personto feel terrorized, frightened, intimidated, or threatened and thatactually causes the victim to feel terrorized, frightened, intimidated,or threatened. The term does not include statutorily orconstitutionally protected activity.
As added by P.L.242-1993, SEC.4.
IC 35-45-10-2
"Harassment" defined
Sec. 2. As used in this chapter, "harassment" means conductdirected toward a victim that includes but is not limited to repeatedor continuing impermissible contact that would cause a reasonableperson to suffer emotional distress and that actually causes the victimto suffer emotional distress. Harassment does not include statutorilyor constitutionally protected activity, such as lawful picketingpursuant to labor disputes or lawful employer-related activitiespursuant to labor disputes.
As added by P.L.242-1993, SEC.4.
IC 35-45-10-3
"Impermissible contact" defined
Sec. 3. As used in this chapter, "impermissible contact" includesbut is not limited to knowingly or intentionally following or pursuingthe victim.
As added by P.L.242-1993, SEC.4.
IC 35-45-10-4
"Victim" defined
Sec. 4. As used in this chapter, "victim" means a person who isthe object of stalking.
As added by P.L.242-1993, SEC.4.
IC 35-45-10-5
Criminal stalking
Sec. 5. (a) A person who stalks another person commits stalking,a Class D felony.
(b) The offense is a Class C felony if at least one (1) of thefollowing applies:
(1) A person:
(A) stalks a victim; and
(B) makes an explicit or an implicit threat with the intent toplace the victim in reasonable fear of:
(i) sexual battery (as defined in IC 35-42-4-8); (ii) serious bodily injury; or
(iii) death.
(2) A protective order to prevent domestic or family violence,a no contact order, or other judicial order under any of thefollowing statutes has been issued by the court to protect thesame victim or victims from the person and the person has beengiven actual notice of the order:
(A) IC 31-15 and IC 34-26-5 or IC 31-1-11.5 before itsrepeal (dissolution of marriage and legal separation).
(B) IC 31-34, IC 31-37, or IC 31-6-4 before its repeal(delinquent children and children in need of services).
(C) IC 31-32 or IC 31-6-7 before its repeal (procedure injuvenile court).
(D) IC 34-26-5 or IC 34-26-2 and IC 34-4-5.1 before theirrepeal (protective order to prevent abuse).
(E) IC 34-26-6 (workplace violence restraining orders).
(3) The person's stalking of another person violates an orderissued as a condition of pretrial release, including release onbail or personal recognizance, or pretrial diversion if the personhas been given actual notice of the order.
(4) The person's stalking of another person violates a no contactorder issued as a condition of probation if the person has beengiven actual notice of the order.
(5) The person's stalking of another person violates a protectiveorder issued under IC 31-14-16-1 and IC 34-26-5 in a paternityaction if the person has been given actual notice of the order.
(6) The person's stalking of another person violates an orderissued in another state that is substantially similar to an orderdescribed in subdivisions (2) through (5) if the person has beengiven actual notice of the order.
(7) The person's stalking of another person violates an orderthat is substantially similar to an order described in subdivisions(2) through (5) and is issued by an Indian:
(A) tribe;
(B) band;
(C) pueblo;
(D) nation; or
(E) organized group or community, including an AlaskaNative village or regional or village corporation as definedin or established under the Alaska Native ClaimsSettlement Act (43 U.S.C. 1601 et seq.);
that is recognized as eligible for the special programs andservices provided by the United States to Indians because oftheir special status as Indians if the person has been given actualnotice of the order.
(8) A criminal complaint of stalking that concerns an act by theperson against the same victim or victims is pending in a courtand the person has been given actual notice of the complaint.
(c) The offense is a Class B felony if:
(1) the act or acts were committed while the person was armed
with a deadly weapon; or
(2) the person has an unrelated conviction for an offense underthis section against the same victim or victims.
(d) Notwithstanding subsection (a), the court may enter judgmentof conviction of a Class A misdemeanor and sentence accordingly ifthe court finds mitigating circumstances. The court may consider themitigating circumstances in IC 35-38-1-7.1(c) in making adetermination under this subsection. However, the criteria listed inIC 35-38-1-7.1(c) do not limit the matters the court may consider inmaking its determination.
(e) Notwithstanding subsection (b), the court may enter judgmentof conviction of a Class D felony and sentence accordingly if thecourt finds mitigating circumstances. The court may consider themitigating circumstances in IC 35-38-1-7.1(c) in making adetermination under this subsection. However, the criteria listed inIC 35-38-1-7.1(c) do not limit the matters the court may consider inmaking its determination.
As added by P.L.242-1993, SEC.4. Amended by P.L.225-1996,SEC.1; P.L.1-1997, SEC.150; P.L.1-1998, SEC.198; P.L.280-2001,SEC.52; P.L.133-2002, SEC.66.