PC §113 - STALKING & HARASSING
CLASS C MISDEMEANOR
Section 1: Definitions
Stalking and harassing is defined as the unlawful and intentional engagement in a course of conduct directed at a specific individual that would cause a reasonable person to fear for their safety or the safety of others, or to suffer substantial emotional distress. This conduct may include, but is not limited to, following, monitoring, contacting, or interfering with the individual’s daily activities.
Section 2: Offenses
To prove stalking and harassing, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant engaged in a course of conduct directed at a specific individual.
The conduct was intended to, or would reasonably be expected to, cause fear for the safety of the individual or their immediate family.
The conduct caused the individual to experience substantial emotional distress.
The defendant acted knowingly and without legal justification or excuse.
Section 3: Stalking and Harassment Rights
Individuals have the right to be free from stalking and harassment. Engaging in a pattern of conduct that targets another individual in a way that causes fear or emotional distress is unlawful under this code.
Section 4: Defenses
Defenses to a charge of stalking and harassing may include, but are not limited to:
Lack of Intent: The defendant did not intend to cause fear or emotional distress to the individual.
Consent: The individual had consented to the conduct or had previously engaged in a relationship with the defendant.
Legitimate Purpose: The defendant’s conduct was for a legitimate purpose and did not seek to harm or intimidate the individual.
Mistaken Identity: The defendant was not the person responsible for the alleged conduct.
Penalties
Penalties for public endangerment can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
60 SECONDS OF JAIL TIME.
BOND SET
$6,000.00
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