(1) It is the intent of the Legislature to enact laws dealing with stalking offenses which will protect victims from being intentionally terrified, threatened, or intimidated by individuals who intentionally follow, detain, stalk, or harass them or impose any restraint on their personal liberty and which will not prohibit constitutionally protected activities.
(2) For purposes of sections 28-311.02 to 28-311.05:
(a) Harass shall mean to engage in a knowing and willful course of conduct directed at a specific person which seriously terrifies, threatens, or intimidates the person and which serves no legitimate purpose; and
(b) Course of conduct shall mean a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including a series of acts of following, detaining, restraining the personal liberty of, or stalking the person or telephoning the person.
Any person who willfully and maliciously harasses another person with the intent to terrify, threaten, or intimidate commits the offense of stalking.
Any person convicted of violating section 28-311.03 shall be guilty of a Class I misdemeanor, except that any person convicted of violating such section who has a prior conviction under such section within the last seven years for acts committed against the same victim shall be guilty of a Class IV felony.
Sections 28-311.02 to 28-311.04 shall not apply to conduct which occurs during labor picketing.
Current through 1997.