Post by Cassie on Mar 19, 2008 19:03:29 GMT -5
Stalking
6 CMC § 1508 Stalking in the first Degree. 2004.
(a) A person commits the crime of stalking in the first degree if the person violates 6 CMC § 1509 and
(1) the actions constituting the offense are in violation of an order of protection issued by a court of law.
(2) the actions constituting the offense are in violation of a condition of probation, release before trial, 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 dangerous weapon;
(5) the defendant has been previously convicted of stalking in the first degree, stalking in the second degree, violating an order for protection, or a law or ordinance of this or another jurisdiction with elements similar to stalking in the first degree, stalking in the second degree, or Violating an order for protection.
(6) the defendant has been previously convicted of a crime involving domestic violence, or an attempt or solicitation to commit a crime involving domestic violence, under (A) murder in the first or second degree or manslaughter, under 6 CMC §§ 1101-1102; (B) assault, assault and battery, aggravated assault or assault with a dangerous weapon, under 6 CMC §§ 1201-1204; (C) kidnapping, under 6 CMC § 1421; (D) sexual assault or sexual abuse of a minor in any degree, under 6 CMC §§ 1301-1309, or the former crimes of Rape, Rape of Spouse, Criminal Sodomy, Criminal Oral Copulation, Rape by Object, or Sexual Abuse of a Child, under former 6 CMC §§ 1301-1311; (E) terroristic threatening, under 6 CMC §3112; (F) violating an order of protection, under 6 CMC § 1504; (G) disturbing the peace, under 6 CMC § 3101; or (H) a law or an ordinance of this or another jurisdiction with elements similar to any crime listed in (A) through (G) of this subsection, involving the same victim as the present offense.
(b) In this section, ‘[course] of conduct' and ‘victim' have the meanings given in 6 CMC § 1509.
(c) Stalking in the first degree is punishable by a term of imprisonment not to exceed five years, a fine not to exceed $2,000, or both.
6 CMC § 1509 Stalking in the second degree. 2004.
(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, godparent, 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 ad the victim; or
(D) person who is 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 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 punishable by a term of imprisonment not to exceed one year, a fine of $1,000, or both.
6 CMC § 1508 Stalking in the first Degree. 2004.
(a) A person commits the crime of stalking in the first degree if the person violates 6 CMC § 1509 and
(1) the actions constituting the offense are in violation of an order of protection issued by a court of law.
(2) the actions constituting the offense are in violation of a condition of probation, release before trial, 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 dangerous weapon;
(5) the defendant has been previously convicted of stalking in the first degree, stalking in the second degree, violating an order for protection, or a law or ordinance of this or another jurisdiction with elements similar to stalking in the first degree, stalking in the second degree, or Violating an order for protection.
(6) the defendant has been previously convicted of a crime involving domestic violence, or an attempt or solicitation to commit a crime involving domestic violence, under (A) murder in the first or second degree or manslaughter, under 6 CMC §§ 1101-1102; (B) assault, assault and battery, aggravated assault or assault with a dangerous weapon, under 6 CMC §§ 1201-1204; (C) kidnapping, under 6 CMC § 1421; (D) sexual assault or sexual abuse of a minor in any degree, under 6 CMC §§ 1301-1309, or the former crimes of Rape, Rape of Spouse, Criminal Sodomy, Criminal Oral Copulation, Rape by Object, or Sexual Abuse of a Child, under former 6 CMC §§ 1301-1311; (E) terroristic threatening, under 6 CMC §3112; (F) violating an order of protection, under 6 CMC § 1504; (G) disturbing the peace, under 6 CMC § 3101; or (H) a law or an ordinance of this or another jurisdiction with elements similar to any crime listed in (A) through (G) of this subsection, involving the same victim as the present offense.
(b) In this section, ‘[course] of conduct' and ‘victim' have the meanings given in 6 CMC § 1509.
(c) Stalking in the first degree is punishable by a term of imprisonment not to exceed five years, a fine not to exceed $2,000, or both.
6 CMC § 1509 Stalking in the second degree. 2004.
(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, godparent, 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 ad the victim; or
(D) person who is 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 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 punishable by a term of imprisonment not to exceed one year, a fine of $1,000, or both.