Stalking
§ 39-17-315. Stalking. 1992. Amended 1995.
(a) (1) A person commits the offense of stalking who intentionally and repeatedly follows or harasses another person in such a manner as would cause that person to be in reasonable fear of being assaulted, suffering bodily injury or death.
(2) As used in this subsection:
(A) "Follows" means maintaining a visual or physical proximity over a period of time to a specific person in such a manner as would cause a reasonable person to have a fear of an assault, bodily injury or death;
(B) "Harasses" means a course of conduct directed at a specific person which would cause a reasonable person to fear an assault, bodily injury, or death, including, but not limited to, verbal threats, written threats, vandalism, or unconsented-to physical contact; and
(C) "Repeatedly" means on two (2) or more separate occasions.
(b) (1) Stalking is a Class A misdemeanor.
(2) A second or subsequent violation of subsection (a) occurring within seven (7) years of the prior conviction is a Class E felony. A second or subsequent violation of subsection (a) involving the same victim and occurring within seven (7) years of the prior conviction is a Class C felony.
(c) The provisions of this section shall not be construed to prohibit following another person during the course of a lawful business activity.
Harassment
§ 39-17-308. Harassment. 1989. Amended 2001.
(a) A person commits an offense who intentionally:
(1) Threatens, by telephone, in writing, or by electronic communication, including electronic mail or internet services, to take action known to be unlawful against any person, and by this action knowingly annoys or alarms the recipient;
(2) Places one (1) or more telephone calls anonymously, or at an hour or hours known to be inconvenient to the victim, or in an offensively repetitious manner, or without a legitimate purpose of communication, and by this action knowingly annoys or alarms the recipient; or
(3) Communicates by telephone to another that a relative or other person has been injured, killed or is ill when such communication is known to be false.
(b) (1) A person convicted of a criminal offense commits an offense if, while incarcerated, on pre-trial diversion, probation, community correction or parole, such person intentionally communicates in person with the victim of such person's crime if the communication is:
(A) Anonymous or threatening or made in an offensively repetitious manner or at hours known to be inconvenient to the victim; and
(B) Made for no legitimate purpose; and
(C) Made knowing that it will alarm or annoy the victim.
(2) If the victim of such person's offense died as the result of the offense, the provisions of this subsection shall apply to the deceased victim's next-of-kin.
(c) A violation of subsection (a) is a Class A misdemeanor. A violation of subsection (b) is a Class E felony.
