§ 22-34. Stalking.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Course of conduct means a pattern of conduct composed of a series of two or more separate noncontinuous acts, evidencing a continuity of purpose.

Emotional distress means a significant mental suffering or distress that may, but does not necessarily require, medical or other professional treatment or counseling.

Harassment means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsenting contact that would cause a reasonable person to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.

Stalking means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed or molested.

Unconsented contact means any contact with another individual that is initiated or continued without the contacted individual's consent or in disregard of that individual's expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:

(1)

Following or appearing within sight of that individual.

(2)

Approaching or confronting that individual in a public place or on private property.

(3)

Appearing at the workplace or residence of that individual.

(4)

Entering onto or remaining on property owned, leased or occupied by that individual.

(5)

Contacting the individual by telephone.

(6)

Sending mail or electronic communications to that individual.

(7)

Placing an object on or delivering an object to property owned, leased or occupied by that individual.

Victim means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.

(b)

Misdemeanor. Any person who engages in stalking is guilty of a misdemeanor.

(c)

Rebuttable presumption. In a prosecution for a violation of this section, evidence that the defendant continued to engage in a course of conduct involving repeated, unconsented contact with the victim after having been requested by the victim to discontinue the same or a different form of unconsented contact and to refrain from any further unconsented contact with the victim shall give rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed or molested.

(d)

Penalty. A criminal penalty provided for under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.

(Code 1977, § 15-99; Ord. No. 197, 8-23-1993)

State law reference

Similar provisions, MCL 750.411h.