This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.
Analyzing Stalking Statute
Alaska Stat. § 11.41.260 Stalking in the first degree. (2006)
(a) A person commits the crime of stalking in the first degree if the person violates AS 11.41.270 and
(1) the actions constituting the offense are in violation of an order issued or filed under AS 18.66.100 -- 18.66.180 or issued under former AS 25.35.010(b) or 25.35.020;
(2) the actions constituting the offense are in violation of a condition of probation, 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 deadly weapon;
(5) the defendant has been previously convicted of a crime under this section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another jurisdiction with elements similar to a crime under this section, AS 11.41.270, or AS 11.56.740; or
(6) the defendant has been previously convicted of a crime, or an attempt or solicitation to commit a crime, under (A) AS 11.41.100 -- 11.41.250, 11.41.300 -- 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a law or an ordinance of this or another jurisdiction with elements similar to a crime, or an attempt or solicitation to commit a crime, under AS 11.41.100 -- 11.41.250, 11.41.300 -- 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, involving the same victim as the present offense.
(b) In this section, "course of conduct" and "victim" have the meanings given in AS 11.41.270(b).
(c) Stalking in the first degree is a class C felony.
Alaska Stat. § 11.41.270. Stalking in the second degree. (2011)
(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) "device" includes software;
(3) "family member" means a
(A) spouse, child, grandchild, parent, grandparent, 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 as the victim; or
(D) person who is a former spouse of the victim or is or has been in a dating, courtship, or engagement relationship with the victim;
(4) "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 the 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;
(H) following or monitoring that person with a global positioning device or similar technological means;
(I) using, installing, or attempting to use or install a device for observing, recording, or photographing events occurring in the residence, vehicle, or workplace used by that person, or on the personal telephone or computer used by that person;
(5) "victim" means a person who is the target of a course of conduct.
(c) Stalking in the second degree is a class A misdemeanor.
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Alaska Stat. § 11.61.118. Harassment in the first degree. (2010)
(a) A person commits the crime of harassment in the first degree if
(1) the person violates AS 11.61.120(a)(5) and the offensive physical contact is contact with human or animal blood, mucus, saliva, semen, urine, vomitus, or feces; or
(2) under circumstances not proscribed uner AS 11.41.434--11.41.440, the person violates AS 11.61.120(a)(5) and the offensive physical contact is contact by the person touching through clothing another person's genitals, buttocks, or female breast.
(b) Harassment in the first degree is a class A misdemeanor.
Alaska Stat. § 11.61.120. Harassment in the second degree. (2011)
(a) A person commits the crime of harassment in the second degree if, with intent to harass or annoy another person, that person
(1) insults, taunts, or challenges another person in a manner likely to provoke an immediate violent response;
(2) telephones another and fails to terminate the connection with intent to impair the ability of that person to place or receive telephone calls;
(3) makes repeated telephone calls at extremely inconvenient hours;
(4) makes an anonymous or obscene telephone call, an obscene electronic communication, or a telephone call or electronic communication that threatens physical injury or sexual contact;
(5) subjects another person to offensive physical contact; or
(6) except as provided in AS 11.61.116, publishes or distributes electronic or printed photographs, pictures, or films that show the genitals, anus, or female breast of the other person or show that person engaged in a sexual act.
(b) Harassment in the second degree is a class B misdemeanor.
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