(a) Any person who intentionally exhibits a constant or repetitive pattern of stalking directed at intimidating a specific person to the effect that said person or any member of his/her family could suffer personal or property damage; or that maintains said type of conduct knowing that a certain person could reasonably feel intimidated, shall be guilty of a misdemeanor.
The court may order restitution in addition to the term of imprisonment thus imposed.
(b) Stalking, as classified in this chapter, shall constitute a fourth-degree felony, if one or more of the following circumstances exist:
(1) The dwelling of a certain person or a member of his/her family is entered, thus instilling fear of suffering physical injury, and/or exerting moral pressure on the person’s animus to perform an act that is against his/her will; or
(2) grave bodily injury is inflicted on a certain person or a member of his/her family; or
(3) it is committed with a deadly weapon in circumstances not intended to kill or mutilate; or
(4) it is committed after a restraining order has been issued against the offender, in aid of the victim of stalking or other person who is also stalked by the offender; or
(5) an act of vandalism is committed that destroys property in the places that are adjacent or relatively close to the home, residence, school, workplace, or vehicle of a certain person or member of the family; or
(6) is committed by an adult against a child, or
(7) is committed against a pregnant woman.
(8) When committed against a person with whom he/she has an affective or intra-family relationship in a shared household where no intimate relationship has ever existed, as defined by §§ 601 et seq. of Title 8.
The court may impose the penalty of restitution in addition to the established term of imprisonment. The prosecution and punishment of any person for the crime defined and punished in §§ 4013—4026 of this title, shall not prevent the prosecution and punishment of the same person for any other act or omission in violation of any of the other provisions of §§ 4013—4026 of this title, or any other act.
History —Aug. 21, 1999, No. 284, § 4; Sept. 8, 2000, No. 394, § 2; Sept. 16, 2004, No. 376, § 1; May 29, 2013, No. 23, § 13.