"(a) Any person who wilfully, maliciously and repeatedly follows or harasses another person or who repeatedly makes a credible threat with the intent to place that person in reasonable fear of death or serious physical injury is guilty of the crime of stalking.
(b) For the purposes of this section the following definitions are provided:
(1) `Harasses' means a knowing and wilful course of conduct directed at a specific person which seriously alarms, annoys or harasses the person, and which serves no legitimate
purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to
the person.
(2) `Course of conduct' means a pattern of conduct composed of a series of acts over a
period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of `course of conduct'."
(3) `Credible threat' means a threat made with the intent, and the apparent ability, to carry out the threat, so as to cause the person who is the target of the threat to
reasonably fear for his or her safety. The threat must be against the life, or a threat to cause serious physical injury to a person."
(c) In the event a person charged under this section is engaged in lawful labor picketing, there shall be a rebuttable presumptions that such person does not have the intent required under subsection (a) of this section.
(d) Any person who violates subsection (a) of this section when there is a no contact order, temporary restraining order or injunction in effect prohibiting the behavior described in subsection (a) of this section against the same party shall be imprisoned for a period of not less than 6 months and fined not more than $1,000.
(e) A subsequent conviction occurring within 7 years of a prior conviction under subsection (a) of this section against the same victim, and involving an act of violence or a credible threat of violence, as defined in this section shall be imprisoned for a period of not less than 1 year and fined not more than $1,000.
(f) This section shall not apply to conduct which occurs in furtherance of law enforcement or private detective business. Private detective business is defined consistent with Chapter 13 of Title 24 of the Delaware Code.
Stalking is a class F felony."
Current through 1996.