HB 1977 -- Stalking

Sponsor:  Bartle

Currently, the crime of stalking is defined as purposely and
repeatedly harassing or following another person with the intent
of harassing the person and making a credible threat with the
intent to place the person in reasonable fear of death or serious
physical injury.  This bill makes the current crime of stalking
third degree stalking and adds violation of the terms of a court
order, injunction, or conditions of a pretrial release that
forbid contact with a specified person.  Third degree stalking is
a class A misdemeanor for the first offense, a class D felony for
the second offense within five years of the first offense, and a
class C felony with a mandatory minimum sentence of one year for
a third or subsequent offense within five years of a previous
finding.

The bill also creates the crimes of second and first degree
stalking.  Second degree stalking is purposely and repeatedly
harassing, following with the intent to harass, or having
unconsented contact with another person and using a firearm
during the commission of the crime or destroying or damaging the
other person's property.  Second degree stalking is a class D
felony for the first offense, a class C felony for the second
offense within five years of the first offense, and a class B
felony without eligibility for parole for a third or subsequent
offense within five years of a previous finding.

First degree stalking is purposely and repeatedly harassing;
following with the intent to harass; or having unconsented
contact with another person and kidnaping them, causing them
bodily injury, or sexually assaulting them during the commission
of the crime.  First degree stalking is a class C felony for the
first offense, a class B felony for a second offense within five
years of the first offense, and a class A felony for a third or
subsequent offense within five years of a previous finding.

The bill also allows the court to require a convicted stalker to
undergo a mental health evaluation and to complete appropriate
treatment.  Victims of stalking are required to be notified of
their rights as victims and of compensation available through the
Crime Victims' Compensation Fund.  If the victim provides a
mailing address, he or she must receive written notice of the
release of the offender.  The bill also requires law enforcement
officers to respond to reports of stalking as soon as reasonably
possible.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:03 am