Stalking involves one person's obsessive behavior toward another person. The stalker's actions may be motivated by an intense affection for or an extreme dislike of the victim. Initially, stalking will usually take the form of annoying, threatening, or obscene telephone calls or letters. The calls may start with one or two a day but can quickly escalate. Stalkers will conduct surveillance of the victim, following every move the target makes. Even the victim's home may be staked out.

Section 12.1-17-07.1, N.D.C.C. Stalking.

1. As used in this section:

a. "Course of conduct" means a pattern of conduct consisting of two or more acts evidencing a continuity of purpose.
The term does not include constitutionally protected activity.

b. "Immediate family" means a spouse, parent, child, or sibling. The term also includes any other individual who regularly
resides in the household or who within the prior six months regularly resided in the household.

c. "Stalk" means to engage in an intentional course of conduct directed at a specific person which frightens, intimidates,
or harasses that person, and that serves no legitimate purpose. The course of conduct may be directed toward
that person or a member of that person's immediate family and must cause a reasonable person to experience
fear, intimidation, or harassment.

2. No person may intentionally stalk another person.

3. In any prosecution under this section, it is not a defense that the actor was not given actual notice that the person did not want the actor to contact or follow the person; nor is it a defense that the actor did not intend to frighten, intimidate, or harass the person. An attempt to contact or follow a person after being given actual notice that the person does not want to be contacted or followed is prima facie evidence that the actor intends to stalk that person.

4. In any prosecution under this section, it is a defense that a private investigator licensed under chapter 43-30 or a peace officer licensed under chapter 12-63 was acting within the scope of employment.

5. If a person claims to have been engaged in a constitutionally protected activity, the court shall determine the validity of the claim as a matter of law and, if found valid, shall exclude evidence of the activity.

6. a. A person who violates this section is guilty of a class C felony if:

(1) The person previously has been convicted of violating section 12.1-17-01, 12.1-17-01.1, 12.1-17-02,
12.1-17-04, 12.1-17-05, or 12.1-17-07 or a similar offense in another state, involving the victim of the
stalking;

(2) The stalking violates a court order issued under chapter 14-07.1 protecting the victim of the stalking, if the
person had notice of the court order; or

(3) The person previously has been convicted of violating this section.

b. If subdivision (a) does not apply, a person who violates this section is guilty of a class A misdemeanor.

A class C felony is punishable by five (5) years in jail and a fine of five thousand dollars ($5,000).

In any prosectution under this section, it is not a defense that the actor was not given actual notice that the person did not want the actor to contact or follow the person; nor is it a defense that the actor did not intend to frighten, intimidate, or harass the person. An attempt to contact or follow a person after being given actual notice that the person does not want to be contacted or followed is prima facie evidence that the actor intends to stalk that person.

In any prosecution under this section, it is a defense that a private investigator licensed under Chapter 43-30 or a peace officer licensed under Chapter 12-63 was acting within the scope of employment.

A first offense is a Class A misdemeanor; the penalty jumps to a Class C felony if it is a second offense, if the stalking violates a protection order, or if the stalker has been convicted of certain other crimes in another state involving the same victims.

The key factor in stalking is the exercise of control and power - actual or perceived - over another individual or group. The variation in stalking behavior ranges from hang-up phone calls to more divert threats toward a victim. Behaviors that escalate overtime increase the probability of injury to the vitim.

Being watched or followed
Threatening phone calls or hang-ups
Unwanted love notes
Vandalism to personal property
Hate mail - fax, mail, email
Unwanted gifts
Going to vitims home or place of employment
Computer (Internet/Email)

Stalking victims need to recognize that their victimization is not their fault. Stalking is a crime which can occur anywhere, to anyone, regardless of their socio-economic status or whom they associate with.

Victims of stalking can include individuals who are in imminent danger emotionally and physically. It is important to become familiar with the anti stalking law's with in your state. Information regarding resources and procedural precautions should be allocated in order to gain protection and assistance.

Seek a safe place!!! Safety for victims of stalkers can be found:

Domestic Violence Shelters
Police Departments - 911
Public areas - stalkers may be less inclined toward violence or creating a disturbance in public places.
Friends/Family - only if the location is unknown

Try to avoid all personal contact.
Don't allow personal information to be released.
Remove identification.
Get a P.O. Box
Get a new driver's license.
Inform people.
Tell people at work.
Screen mail.
Be aware.
Secure your property.
Get Support.
Get Help.
Obtain a Disorderly Conduct Restraining Order*

*This order is a type of protective order intended to address stalking, disorderly conduct, and other types of unwanted behavior not covered by a domestic violence protection order, including "intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person" (12.1-13.2-01, NDCC) Applications for a Disorderly Conduct Restraining Order can be done without an attorney and there may be no filing fee if domestic violence is involved. Contact your local State's Attorney's Office for paperwork and assistance in the State of North Dakota.

This information was gethered from the "Stalking" Brochure published by the Placer Women's Center, Inc. Auburn, CA. The Brochure was printed with the permission of the Placer Women's Center, Inc. by the North Dakota Council on Abused Women's Services.
Other information gathered from: NORTH DAKOTA CENTURY CODE

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