DE HB197

Increases the penalty for basic stalking from a class G felony to a class E felony under Delaware law

Elevates aggravated stalking (involving minors, elderly victims, protective order violations, death threats, or physical injury) from a class F felony to a class D felony

Expands the definition of "course of conduct" to explicitly include tracking and adds that threats or communications must "consciously disregard a substantial risk" of violating the stalking statute

Broadens the affirmative defense from "lawful picketing" to any "constitutionally protected activity" and requires exclusion of all related evidence if the defense is found valid

Maintains existing mandatory minimum sentences of 6 months for stalking that violates a court order and 1 year for repeat stalking convictions within 5 years