A person is guilty of an offense if, with intent to frighten or harass another, the
Communicates in writing or by telephone a threat to inflict injury on any person,
to any person's reputation, or to any property;
Makes a telephone call anonymously or in offensively coarse language;
Makes repeated telephone calls, whether or not a conversation ensues, with no
purpose of legitimate communication; or
Communicates a falsehood in writing or by telephone and causes mental
The offense is a class A misdemeanor if it is under subdivision a of subsection 1 or
subsection 4. Otherwise it is a class B misdemeanor.
Any offense defined herein and committed by use of a telephone may be deemed to
have been committed at either the place at which the telephone call or calls were
made or at the place where the telephone call or calls were received.
A person who telephones a 911 emergency line with the intent to annoy or harass
another person or who makes a false 911 report is guilty of a class A misdemeanor.
Intent to annoy or harass is established by proof of one or more calls with no
legitimate 911 purpose.
Upon conviction of a violation of this subsection, a person is also liable for all
costs incurred by any unnecessary emergency response.
Any offense defined herein is deemed communicated in writing if it is transmitted electronically, by electronic mail, facsimile, or other similar means.
As used in this section:
"Course of conduct" means a pattern of conduct consisting of two or more acts
evidencing a continuity of purpose. The term does not include constitutionally
"Immediate family" means a spouse, parent, child, or sibling. The term also
includes any other individual who regularly resides in the household or who
within the prior six months regularly resided in the household.
"Stalk" means to engage in an intentional course of conduct directed at a
specific person which frightens, intimidates, or harasses that person, and that
serves no legitimate purpose. The course of conduct may be directed toward
that person or a member of that person's immediate family and must cause a
reasonable person to experience fear, intimidation, or harassment.
No person may intentionally stalk another person.
In any prosecution under this section, it is not a defense that the actor was not given
actual notice that the person did not want the actor to contact or follow the person;
nor is it a defense that the actor did not intend to frighten, intimidate, or harass the
person. An attempt to contact or follow a person after being given actual notice that
the person does not want to be contacted or followed is prima facie evidence that
the actor intends to stalk that person.
In any prosecution under this section, it is a defense that a private investigator
licensed under chapter 43-30 or a peace officer licensed under chapter 12-63 was
acting within the scope of employment.
If a person claims to have been engaged in a constitutionally protected activity, the
court shall determine the validity of the claim as a matter of law and, if found valid,
shall exclude evidence of the activity.
A person who violates this section is guilty of a class C felony if:
(1) The person previously has been convicted of violating section
12.1-17-01, 12.1-17-01.1, 12.1-17-02, 12.1-17-04, 12.1-17-05, or
12.1-17-07 or a similar offense in another state, involving the victim of the
(2) The stalking violates a court order issued under chapter 14-07.1
protecting the victim of the stalking, if the person had notice of the court
(3) The person previously has been convicted of violating this section.
If subdivision a does not apply, a person who violates this section is guilty of a
class A misdemeanor.