HB 1852 -- Harassment and Stalking Offenses

Sponsor:  Smith (14)

Currently, a person is guilty of the crime of harassment, a class
A misdemeanor, if the person communicates in writing or by
telephone a threat to commit any felony, makes a telephone call
or communicates in writing and uses coarse language offensive to
one of average sensibility, makes a telephone call anonymously or
makes repeated telephone calls in order to frighten or disturb
another person.  This bill expands the crime of harassment to
include actions in which the person:

(1)  Knowingly communicates a threat to commit any felony to
another person in order to frighten, intimidate, disturb, or
cause emotional distress to the other person;

(2)  Communicates with another person and knowingly uses coarse
language or expressions that are unwanted and offensive to the
average sensibility;

(3)  Knowingly frightens, intimidates, disturbs, or causes
emotional distress to another person by making a telephone call
anonymously;

(4)  Knowingly communicates with another person who is, or
purports to be, 17 years of age or younger and without good cause
recklessly frightens, intimidates, disturbs, or causes emotional
distress to the other person or knowingly makes a
misrepresentation or conceals a material fact relating to the
identity, age, residence, or location of himself or herself;

(5)  Knowingly makes repeated unwanted communications to another
person; or

(6)  Recklessly and without good cause engages in any other act
that frightens, intimidates, disturbs, or causes emotional
distress to another person.

The crime of harassment is a class A misdemeanor unless it is
committed by a person 21 years of age or older against a person
17 years of age or younger; the person knowingly communicates a
threat to commit a felony with the purpose of frightening,
intimidating, disturbing, or causing emotional distress to the
other person; or the person has pled guilty to or been found
guilty of a previous harassment violation or a municipal
ordinance, other state law, or federal or military offense
relating to harassment in which case the person will be guilty of
a class D felony.

The bill also revises the crime of stalking by eliminating the
requirement that a person must repeatedly harass or follow with
the intent of harassing another person.  A person is guilty of
the crime of aggravated stalking if he or she purposely harasses
or follows with the intent of harassing another person and makes
a credible threat; acts in violation of an order of protection
and the person has received actual notice of the order; acts in
violation of a condition of probation, parole, pretrial release,
or release on bond pending appeal; the other person is 17 years
of age or younger and the person is 21 years of age or older; or
the person has previously pled guilty to or been found guilty of
domestic assault, violation of an order of protection, or any
other crime where the other person was the victim.

The crime of stalking is a class A misdemeanor unless the person
has previously pled guilty to or been found guilty of a stalking
or aggravated stalking violation or a municipal ordinance, other
state law, or federal or military offense relating to stalking in
which case the person will be guilty of a class D felony.  The
bill increases the penalty for the crime of aggravated stalking
from a class D felony to a class C felony and specifies that if
the person has previously pled guilty to or been found guilty of
a stalking or aggravated stalking violation or a municipal
ordinance, other state law, or federal or military offense
relating to stalking the person will be guilty of a class B
felony.

Federal, state, county, or municipal law enforcement officers
conducting investigations of a violation of federal, state,
county, or municipal law will not be guilty of stalking or
aggravated stalking.  School administrators must report any acts
of harassment or stalking committed on school property to the
appropriate law enforcement agency.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:11 pm