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ND HB1321

Bill

Status

Passed

4/24/2015

Primary Sponsor

Jessica Haak

Click for details

Origin

House of Representatives

64th Legislative Assembly

AI Summary

  • Amends North Dakota Century Code section 12.1-17-07.1 to expand the definition of "stalking" to include unauthorized tracking of a person's movements or location through global positioning systems or other electronic means that would cause a reasonable person to be frightened, intimidated, or harassed.

  • Makes it unlawful for a person to intentionally stalk another person, with no defense based on lack of actual notice or lack of intent to frighten, intimidate, or harass, though attempted contact after actual notice not to contact is prima facie evidence of intent to stalk.

  • Establishes that stalking is a class C felony if the person has prior convictions for related offenses (sections 12.1-17-01 through 12.1-17-07), violates a protective order under chapter 14-07.1, or has a previous stalking conviction; otherwise it is a class A misdemeanor.

  • Provides a defense for licensed private investigators and peace officers acting within the scope of employment.

  • Allows courts to exclude evidence of constitutionally protected activity if the defendant claims their conduct was constitutionally protected, with the court determining validity as a matter of law.

Legislative Description

Stalking and the use of electronic communication.

Last Action

Signed by Governor 04/23

4/24/2015

Committee Referrals

Judiciary1/13/2015

Full Bill Text

No bill text available