8.1.1.650 Stalking

It is unlawful for any person to knowingly pursue a pattern of conduct that poses a credible threat to another person and that is intended to place that person in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint and upon conviction thereof, may be sentenced to confinement for a period not to exceed six (6) months or pay a fine of up to $1,000 or both with costs. In the discretion of the Court, such offender may be required to furnish a satisfactory bond to keep the peace or may be subject to such other orders as the court deems necessary or just.

Proof of the reasonable apprehension may be furnished by the perpetrator committing one or more of the following acts:

(a) following a person, other than in the residence of the stalker;

(b) placing a person under surveillance by remaining present outside that person's school, residence, workplace or vehicle or another place frequented by the person other than in the residence of the stalker;

(c) harassing a person; or

(d) any other verbal or nonverbal threat made with the intent and the apparent ability to carry out the threat that would cause a reasonable person to fear for her/his safety.

It should be noted that police officers should not be prosecuted under this section if they are performing acts in the line of duty.