Welcome to the Stalking Resource Center

The mission of the Stalking Resource Center is to enhance the ability of professionals, organizations, and systems to effectively respond to stalking.

Fort Peck Tribe

Stalking

Related Offenses


Stalking

§ 224. Stalking. (1994)
a. A person commits the offense of stalking if the person purposely or knowingly causes another person substantial emotional distress or reasonable apprehension of bodily injury or death by repeatedly:

1. following the stalked person; or

2. harassing, threatening, or intimidating the stalked person, in person or by phone, by mail, or by other action, devise or method.

b. Stalking is a Class A misdemeanor. For a second or subsequent offense or for a first offense against a victim who was under the protection of a restraining order directed at the offender, the offender shall be imprisoned for a term of not less than three months, or fined an amount not to exceed $500, or both. A person convicted of stalking may be sentenced to pay all medical, counseling, and other costs incurred by or on behalf of the victim as a result of the offense.

c. Upon presentation of credible evidence of violation of this section, an order may be granted restraining a person from engaging in the activity described in Subsection A.

d. For the purpose of determining the number of convictions under this section "conviction" means:

1. a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense rendered by a legally constituted jury, or by a court of competent jurisdiction authorized to try the case without a jury;

2. a conviction in another jurisdiction for a violation of a statute similar to this section; or

3. a forfeiture of bail or collateral deposited to secure the defendant's appearance in court in this jurisdiction or another jurisdiction for violation of a statute similar to this section, which forfeiture has not vacated.

e. Attempts by the accused person to contact or follow the stalked person after the accused person has been given actual notice that the stalked person does not want to be contacted or followed constitutes prima facie evidence that the accused person purposely or knowingly followed, harassed, threatened, or intimidated the stalked person.


Related Offenses

§ 480. Threatening letters and telephone calls. (1986)
Any person who, with the purpose to terrify, intimidate, threaten, or harass:

(1)  communicates with any person by mail and uses any obscene language, suggests the performance of sexual acts, or threatens to inflict injury or physical harm on the person or property of any person, or transmits obscene material of a pictorial or photographic nature, or

(2)  communicates with any person by telephone and uses any obscene language, suggests the performance of sexual acts, or threatens to inflict injury or physical harm on a person or property of any person, is guilty of sending threatening letters or making threatening telephone calls, respectively.

Threatening letters and telephone calls are a Class B misdemeanor.

For purposes of this Section, the term "obscene" shall mean any clearly offensive representation or description of sexual acts as defined in Section 220 of this Title, either actual or simulated, or any clearly offensive representation or description of masturbation, excretory functions, or exhibition of the genitals, which taken as a whole, appeals to an interest in sex considered lewd or indecent by prevailing community standards, and which lacks serious literary, artistic, political, or scientific value.