" A. Stalking is the willful, malicious, and repeated following or harassing of another person, with the intent to place that person in fear of death or serious bodily injury.
B. (1) Whoever commits the crime of stalking may be imprisoned or not more than six months or fined not more than one thousand dollars, or both.
(2) Any person who commits the offense of stalking and who is found by the trier of fact, whether the jury at a jury trial, the judge at a bench trial, or the judge at a sentencing hearing following a jury trial, beyond a reasonable doubt to have placed the victim of the stalking in fear of death or bodily injury by the actual use of or the defendant's having in his possession during the instances which make up the crime of stalking, a dangerous weapon shall be fined one thousand dollars or imprisoned with or without hard labor for one year, or both. Whether or not the defendant's use of or his possession of the dangerous weapon is a crime or, if a crime, whether or not he is charged for that offense separately or in addition to the crime of stalking shall have no bearing or relevance as to the enhanced sentence under the provisions of this Paragraph.
(3) Any person who commits the offense of stalking against a person for whose benefit a protective order, a temporary restraining order or an injunction is in effect in either a civil or criminal proceeding, protecting the victims of the stalking from acts by the offender which would otherwise constitute the crime of stalking, shall be punished by imprisonment for not less than thirty days and not more than one year and fined not more than five thousand dollars, or both.
(4) Upon a second or subsequent conviction occurring within seven years of a prior conviction for stalking of the same victim, the offender shall be imprisoned with or without hard labor for not less than ninety days and not more than two years, and may be fined not more than five thousand dollars, or both.
C. For the purposes of this Section, the following words shall have the following meanings:
(1) `Harassing' means engaging in a knowing and willful pattern of conduct directed at a specific person which seriously alarms, annoys, or distresses the person, and which serves
no legitimate purpose. The 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) `Pattern of conduct' means a series of acts over a period of time, however short, evidencing an intent to inflict a continuity of emotional distress upon the person. Constitutionally protected activity is not included within the meaning of pattern of conduct."
Current through 1997.