76-5-106.5 - Stalking -- Definitions -- Injunction -- Penalties.
76-5-106.5. Stalking -- Definitions -- Injunction -- Penalties.
(1) As used in this section:
(a) "Conviction" means:
(i) a verdict or conviction;
(ii) a plea of guilty or guilty and mentally ill;
(iii) a plea of no contest; or
(iv) the acceptance by the court of a plea in abeyance.
(b) "Course of conduct" means two or more acts directed at or toward a specific person,including:
(i) acts in which the actor follows, monitors, observes, photographs, surveils, threatens,or communicates to or about a person, or interferes with a person's property:
(A) directly, indirectly, or through any third party; and
(B) by any action, method, device, or means; or
(ii) when the actor engages in any of the following acts or causes someone else to engagein any of these acts:
(A) approaches or confronts a person;
(B) appears at the person's workplace or contacts the person's employer or coworkers;
(C) appears at a person's residence or contacts a person's neighbors, or enters propertyowned, leased, or occupied by a person;
(D) sends material by any means to the person or for the purpose of obtaining ordisseminating information about or communicating with the person to a member of the person'sfamily or household, employer, coworker, friend, or associate of the person;
(E) places an object on or delivers an object to property owned, leased, or occupied by aperson, or to the person's place of employment with the intent that the object be delivered to theperson; or
(F) uses a computer, the Internet, text messaging, or any other electronic means tocommit an act that is a part of the course of conduct.
(c) "Immediate family" means a spouse, parent, child, sibling, or any other person whoregularly resides in the household or who regularly resided in the household within the prior sixmonths.
(d) "Emotional distress" means significant mental or psychological suffering, whether ornot medical or other professional treatment or counseling is required.
(e) "Reasonable person" means a reasonable person in the victim's circumstances.
(f) "Stalking" means an offense as described in Subsection (2) or (3).
(g) "Text messaging" means a communication in the form of electronic text or one ormore electronic images sent by the actor from a telephone or computer to another person'stelephone or computer by addressing the communication to the recipient's telephone number.
(2) A person is guilty of stalking who intentionally or knowingly engages in a course ofconduct directed at a specific person and knows or should know that the course of conduct wouldcause a reasonable person:
(a) to fear for the person's own safety or the safety of a third person; or
(b) to suffer other emotional distress.
(3) A person is guilty of stalking who intentionally or knowingly violates:
(a) a stalking injunction issued pursuant to Title 77, Chapter 3a, Stalking Injunctions; or
(b) a permanent criminal stalking injunction issued pursuant to this section.
(4) In any prosecution under this section, it is not a defense that the actor:
(a) was not given actual notice that the course of conduct was unwanted; or
(b) did not intend to cause the victim fear or other emotional distress.
(5) An offense of stalking may be prosecuted under this section in any jurisdiction whereone or more of the acts that is part of the course of conduct was initiated or caused an effect onthe victim.
(6) Stalking is a class A misdemeanor:
(a) upon the offender's first violation of Subsection (2); or
(b) if the offender violated a stalking injunction issued pursuant to Title 77, Chapter 3a,Stalking Injunctions.
(7) Stalking is a third degree felony if the offender:
(a) has been previously convicted of an offense of stalking;
(b) has been previously convicted in another jurisdiction of an offense that issubstantially similar to the offense of stalking;
(c) has been previously convicted of any felony offense in Utah or of any crime inanother jurisdiction which if committed in Utah would be a felony, in which the victim of thestalking offense or a member of the victim's immediate family was also a victim of the previousfelony offense;
(d) violated a permanent criminal stalking injunction issued pursuant to Subsection (9);or
(e) has been or is at the time of the offense a cohabitant, as defined in Section78B-7-102, of the victim.
(8) Stalking is a second degree felony if the offender:
(a) used a dangerous weapon as defined in Section 76-1-601 or used other means or forcelikely to produce death or serious bodily injury, in the commission of the crime of stalking;
(b) has been previously convicted two or more times of the offense of stalking;
(c) has been convicted two or more times in another jurisdiction or jurisdictions ofoffenses that are substantially similar to the offense of stalking;
(d) has been convicted two or more times, in any combination, of offenses underSubsection (7)(a), (b), or (c);
(e) has been previously convicted two or more times of felony offenses in Utah or ofcrimes in another jurisdiction or jurisdictions which, if committed in Utah, would be felonies, inwhich the victim of the stalking was also a victim of the previous felony offenses; or
(f) has been previously convicted of an offense under Subsection (7)(d), (e), or (f).
(9) (a) A conviction for stalking or a plea accepted by the court and held in abeyance fora period of time serves as an application for a permanent criminal stalking injunction limiting thecontact between the defendant and the victim.
(b) A permanent criminal stalking injunction shall be issued by the court without ahearing unless the defendant requests a hearing at the time of the conviction. The court shallgive the defendant notice of the right to request a hearing.
(c) If the defendant requests a hearing under Subsection (9)(b), it shall be held at the timeof the conviction unless the victim requests otherwise, or for good cause.
(d) If the conviction was entered in a justice court, a certified copy of the judgment andconviction or a certified copy of the court's order holding the plea in abeyance must be filed bythe victim in the district court as an application and request for a hearing for a permanent
criminal stalking injunction.
(10) A permanent criminal stalking injunction may grant the following relief:
(a) an order:
(i) restraining the defendant from entering the residence, property, school, or place ofemployment of the victim; and
(ii) requiring the defendant to stay away from the victim and members of the victim'simmediate family or household and to stay away from any specified place that is named in theorder and is frequented regularly by the victim; and
(b) an order restraining the defendant from making contact with or regarding the victim,including an order forbidding the defendant from personally or through an agent initiating anycommunication likely to cause annoyance or alarm to the victim, including personal, written, ortelephone contact with or regarding the victim, with the victim's employers, employees,coworkers, friends, associates, or others with whom communication would be likely to causeannoyance or alarm to the victim.
(11) A permanent criminal stalking injunction may be dissolved or dismissed only uponapplication of the victim to the court which granted the injunction.
(12) Notice of permanent criminal stalking injunctions issued pursuant to this sectionshall be sent by the court to the statewide warrants network or similar system.
(13) A permanent criminal stalking injunction issued pursuant to this section has effectstatewide.
(14) (a) Violation of an injunction issued pursuant to this section constitutes a thirddegree felony offense of stalking under Subsection (7).
(b) Violations may be enforced in a civil action initiated by the stalking victim, acriminal action initiated by a prosecuting attorney, or both.
(15) This section does not preclude the filing of a criminal information for stalking basedon the same act which is the basis for the violation of the stalking injunction issued pursuant toTitle 77, Chapter 3a, Stalking Injunctions, or a permanent criminal stalking injunction.
Amended by Chapter 356, 2008 General Session