Stalking 76-5-106

Question 1

Stalking

Answer 1

(2) A person is guilty of stalking who intentionally or knowingly engages in a course of conduct directed at a specific person and knows or should know that the course of conduct would cause 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 where one or more of the acts that is part of the course of conduct was initiated or caused an effect on the victim.

Question 2

Penalty 1: Class A misdemeanor if;

Answer 2

(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.

Question 3

Penalty 2: Third Degree Felony if;

Answer 3

(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 is substantially similar to the offense of stalking;
(c) has been previously convicted of any felony offense in Utah or of any crime in another jurisdiction which if committed in Utah would be a felony, in which the victim of the stalking offense or a member of the victim’s immediate family was also a victim of the previous felony 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 Section 78B-7-102, of the victim.

Question 4

Penalty 3: Second Degree Felony if;

Answer 4

(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 force likely 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 of offenses that are substantially similar to the offense of stalking;
(d) has been convicted two or more times, in any combination, of offenses under Subsection (7)(a), (b), or (c);
(e) has been previously convicted two or more times of felony offenses in Utah or of crimes in another jurisdiction or jurisdictions which, if committed in Utah, would be felonies, in which 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) or (e).