Free Web Hosting by Netfirms
Web Hosting by Netfirms | Free Domain Names by Netfirms

Stalking
 
Stalking MCL 750.411h :
(1) As used in this section:
(a) "Course of conduct" means a pattern of conduct composed of a series of 2 or more separate noncontinuous acts evidencing a continuity of purpose.
(b) "Emotional distress" means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.
(c) "Harassment" means conduct directed toward a victim that includes, but is
not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.
(d) "Stalking" means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(e) "Unconsented contact" means any contact with another individual that is initiated or continued without that individual's consent or in disregard of that individual's expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:
(i) Following or appearing within the sight of that individual.
(ii) Approaching or confronting that individual in a public place or on private property.
(iii) Appearing at that individual's workplace or residence.
(iv) Entering onto or remaining on property owned, leased, or occupied by
that individual.
(v) Contacting that individual by telephone.
(vi) Sending mail or electronic communications to that individual.
(vii) Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.
(f) "Victim" means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.
(2) An individual who engages in stalking is guilty of a crime as follows:
(a) Except as provided in subdivision (b), a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(b) If the victim was less than 18 years of age at any time during the individual's course of conduct and the individual is 5 or more years older than the victim, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.
(3) The court may place an individual convicted of violating this section on probation for a term of not more than 5 years. If a term of probation is ordered, the court may, in addition to any other lawful condition of probation, order the defendant to do any of the following:
(a) Refrain from stalking any individual during the term of probation.
(b) Refrain from having any contact with the victim of the offense.
(c) Be evaluated to determine the need for psychiatric, psychological, or social counseling and if, determined appropriate by the court, to receive psychiatric, psychological, or social counseling at his or her own expense.
(4) In a prosecution for a violation of this section, evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact with the victim after having been requested by the victim to discontinue the same or a different form of unconsented contact, and to refrain from any further unconsented contact with the victim, gives rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(5) A criminal penalty provided for under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.
NOTE: Effective 4-1-01, MCL 750.411s is added to create the offense of Internet stalking. The offense is a felony punishable by up to 2 years. The posting of a message through any medium of communication without the victims consent is prohibited where al of the following exist: the message is intended to cause and would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested, the message causes the victim to suffer emotional distress and the person knows or has reason to know that the posting could cause 2 or more separate acts of un-consented conduct. The maximum penalty is increased to 5 years if the posting is in violation of a court order, the victim is under 18 and the defendant is 5 or more years older than the victim or, the posting results in a credible threat being communicated to the victim or a member of the victim's household.
NOTE: 1997 PA 65 [eff. 3-31-98] amends MCL 750.411h and MCL 750.411i . This act provides that stalking a victim who was less than eighteen years of age any time during the offenders' course of conduct, where the offender is five or more years older than the victim, is a felony with a maximum punishment of five years and a $10,000 fine. The penalty for aggravated stalking in these situations is increased from a maximum of five years and a $10,000 fine, to a maximum of ten years and a $15,000 fine.