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Model Legislation

Public Safety and Elections Did you know the NRA--the
Anti-Stalking Act

National Rifle Association-was the corporate co-chair in
2011?

Summary

This Act would provide definitions and create the offenses of stalking and aggravated
stalking. The Act would also provide criminal penalties and would allow police officers to
arrest, without a warrant, any person he or she has probable cause to believe is
committing the act of stalking or aggravated stalking.

Model Legislation
(Title, enacting clause, etc.)
Section 1. {Title.} This Act may be cited as the Anti-Stalking Act.
Section 2. {Definitions.} As used in this Act:
(A) "Harass" means to engage in a course of conduct directed at a specific person that
causes substantial emotional distress in such person and serves no legitimate purpose.
(B) "Course of conduct" means a pattern of conduct composed of a series of acts over a
period of time, however short, evidencing a continuity of purpose. Constitutionally
protected activity is not included within the meaning of "course of conduct." Such
constitutionally protected activity includes picketing or other organized protests.
(C) "Credible threat" means a threat made with the intent to cause the person who is
the target of the threat to reasonably fear for his or her safety. The threat must be
against the life of, or a threat to cause bodily injury to, a person.

Section 3. {Penalties.}
(A) Any person who willfully, maliciously, and repeatedly follows or harasses another
person commits the offense of stalking, a misdemeanor of the first degree, punishable as
provided in [state penal code].
(B) Any person who willfully, maliciously, and repeatedly follows or harasses another
person, and makes a credible threat with intent to place that person in reasonable fear
of death or bodily injury, commits the offense of aggravated stalking, a felony of the
third degree, punishable as provided in [state penal code].
(C) Any person who, after an injunction for protection against repeat violence or an
injunction for protection against domestic violence, or after any other court-imposed
prohibition of conduct toward the subject person or that person's property, knowingly,
willfully, maliciously, and repeatedly follows or harasses another person commits the
offense of aggravated stalking, a felony of the third degree, punishable as provided in
(state penal code).

Section 4. {Arrest procedure.} Any law enforcement officer may arrest, without a
warrant, any person he or she has probable cause to believe has violated the provisions
of this Act.

Section 5. {Severability clause.}
Section 6. {Repealer clause.}
Section 7. {Effective date.}
ALEC's Sourcebook of American State Legislation 1995
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