HCS SS SCS SB 818 & 795 -- HARASSMENT AND STALKING

This bill changes the laws regarding harassment and stalking and
requires school boards to have a written policy requiring school
administrators to report crimes of harassment and stalking that
are committed on school property to law enforcement.  A person
commits the crime of harassment if he or she:

(1)  Knowingly communicates a threat to commit a felony to
another person and in so doing frightens, intimidates, or causes
emotional distress to the person;

(2)  Knowingly uses coarse language offensive to a person of
average sensibility which puts the person in reasonable
apprehension of offensive physical contact or harm;

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

(4)  Knowingly communicates with another person who is or
purports to be younger than 18 years of age and in so doing and
without good cause recklessly frightens, intimidates, or causes
emotional distress to the other person;

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

(6)  Purposely and without good cause engages in any other act
that frightens, intimidates, or causes emotional distress to
another person and the person's response to the act is one of a
person of average sensibilities considering the age of the
victim.

The penalty for the crime of harassment is increased from a class
A misdemeanor to a class D felony when a person at least 21 years
of age commits the crime against an individual younger than 18
years of age or the person has had a previous harassment
violation.

Currently, a person commits the crime of aggravated stalking when
he or she purposely and repeatedly harasses or follows with the
intent of harassing another person and makes a credible threat
with the intent to place that person in reasonable fear of death
or serious physical injury.  The bill expands this crime to
include situations in which a person purposely, through his or
her course of conduct, harasses or follows with the intent of
harassing another person and makes a credible threat; at least
one of the acts constituting the course of conduct is in
violation of an order of protection and the person has received
actual notice of the order; at least one of the actions
constituting the course of conduct is in violation of a condition
of probation, parole, pretrial release, or release on bond
pending appeal; at any time during the course of conduct the
other person is younger than 18 years of age and the person
harassing is at least 21 years of age; or he or she 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 penalty for the crime of stalking is increased from a class A
misdemeanor to a class D felony if the person has previously pled
guilty to or been found guilty of a stalking violation.  The
penalty for the crime of aggravated stalking is increased from a
class D felony to a class C felony if the person has previously
pled guilty to or been found guilty of a stalking violation.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm