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ND HB1321
Bill
Status
4/24/2015
Primary Sponsor
Jessica Haak
Click for details
AI Summary
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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.
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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.
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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.
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Provides a defense for licensed private investigators and peace officers acting within the scope of employment.
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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