(a) For the purposes of this section, “course of conduct” means two or more acts, including, but not limited to, acts in which a person directly, indirectly or through a third party, by any action, method, device or means, including, but not limited to, electronic or social media, (1) follows, lies in wait for, monitors, observes, surveils, threatens, harasses, communicates with or sends unwanted gifts to, a person, or (2) interferes with a person’s property, and “emotional distress” means significant mental or psychological suffering or distress that may or may not require medical or other professional treatment or counseling.
(b) A person is guilty of stalking in the second degree when:
(1) Such person knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for such person’s physical safety or the physical safety of a third person, or (B) suffer emotional distress; or
(2) Such person intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person that would cause a reasonable person to fear that such person’s employment, business or career is threatened, where (A) such conduct consists of the actor telephoning to, appearing at or initiating communication or contact at such other person’s place of employment or business, provided the actor was previously and clearly informed to cease such conduct, and (B) such conduct does not consist of constitutionally protected activity.
(c) Stalking in the second degree is a class A misdemeanor.
(P.A. 92-237, S. 2; P.A. 12-114, S. 12; P.A. 17-31, S. 1.)
History: P.A. 12-114 added new Subsec. (a) defining “course of conduct”, redesignated existing Subsecs. (a) and (b) as Subsecs. (b) and (c), and amended redesignated Subsec. (b) to replace former elements of crime with Subdiv. (1) re course of conduct that would cause reasonable person to fear for safety and Subdiv. (2) re course of conduct that would cause reasonable person to fear that person’s employment, business or career is threatened; P.A. 17-31 amended Subsec. (a) to redefine “course of conduct” and to define “emotional distress”, and amended Subsec. (b)(1) to designate existing provision re fear for physical safety as Subpara. (A) and to add Subpara. (B) re emotional distress.