(6)8.3.3 Stalking

A person is guilty of Stalking under this subsection if he or she willfully:

(a) engages in a course of conduct directed at a specific person that would cause a reasonable person to feel fear, intimidation, harassment, or substantial emotional distress; and

(b) knows or reasonably should know that such conduct would cause fear, intimidation, harassment, or substantial emotional distress to that person.

(c) A “course of conduct” includes, but is not limited to, repeated following, monitoring, surveillance, unwanted presence, communications, or use of electronic means, whether directly or indirectly, over a period of time.

(d) Conduct constituting lawful activity, constitutionally protected expression, or incidental or unavoidable contact, without intent to harass or intimidate, shall not constitute stalking under this subsection.

(e) Stalking may be charged regardless of whether an explicit threat is made, and regardless of whether the actor is subject to a prior warning or no-contact directive.

Stalking is a Gross Misdemeanor.