Stalking, first degree, penalty
First-degree stalking is when someone repeatedly follows or bothers another person on purpose in a way that scares them, AND at least one of these is also true: they made a threat against that person's life or safety, they broke a protection order, they broke probation or parole rules, the victim is 17 or younger and the stalker is 21 or older, the stalker was previously convicted of a crime against that same victim, or the victim is in an address protection program and the stalker tries to find their address. This is a class E felony, but it becomes a class D felony if the stalker was convicted of stalking before, or if the victim is a law enforcement officer or a close relative of one.
Classifications stated in the statute. Actual outcomes vary.
565.225. , first degree, . — 1. As used in this section and section 565.227, the term "disturbs" shall mean to engage in a directed at a specific person that serves no purpose and that would cause a reasonable person under the circumstances to be frightened, intimidated, or emotionally distressed.
2. A person commits the of stalking in the first degree if he or she purposely, through his or her course of conduct, disturbs or follows with the intent of disturbing another person and:
(1) Makes a threat communicated with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety, the safety of his or her family or household member, or the safety of domestic animals or as defined in section 276.606 kept at such person's residence or on such person's property. The threat shall be against the life of, or a threat to cause to, or the kidnapping of the person, the person's family or household members, or the person's domestic animals or livestock as defined in section 276.606 kept at such person's residence or on such person's property; or
(2) At least one of the acts constituting the course of conduct is in violation of an and the person has received of such ; or
(3) At least one of the actions constituting the course of conduct is in violation of a condition of , , , or on pending ; or
(4) At any time during the course of conduct, the other person is seventeen years of age or younger and the person disturbing the other person is twenty-one years of age or older; or
(5) He or she has previously been of , violation of an order of protection, or any other crime where the other person was the victim; or
(6) At any time during the course of conduct, the other person is a participant of the under sections 589.660 to 589.681, and the person disturbing the other person accesses or attempts to access the address of the other person.
3. Any may , without a , any person he or she has to believe has violated the of this section.
4. This section shall not apply to activities of federal, state, county, or law enforcement officers conducting investigations of any violation of federal, state, county, or municipal law.
5. The offense of stalking in the first degree is a , unless the has previously been found guilty of a violation of this section or section 565.227, or any offense committed in another which, if committed in this state, would be or as a violation of any offense listed in this section or section 565.227, or unless the victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the to a law enforcement officer, in which case stalking in the first degree is a .
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Source & history notes
(L. 1993 H.B. 476 & 194 § 1, A.L. 2002 S.B. 969, et al., A.L. 2008 S.B. 818 & 795, A.L. 2014 S.B. 491, A.L. 2016 H.B. 1562, A.L. 2017 S.B. 34)
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