HB 12 HARASSMENT BY ELECTRONIC COMMUNICATION

Went into effect 07/30/03

00                              HOUSE BILL NO. 12
01 "An Act relating to harassment."
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
03    * Section 1.  AS 11.61.120(a) is amended to read:
04            (a)  A person commits the crime of harassment if, with intent to harass or
05       annoy another person, that person
06                 (1)  insults, taunts, or challenges another person in a manner likely to
07       provoke an immediate violent response;
08                 (2)  telephones another and fails to terminate the connection with intent
09       to impair the ability of that person to place or receive telephone calls;
10                 (3)  makes repeated telephone calls at extremely inconvenient hours;
11                 (4)  makes an anonymous or obscene telephone call or electronic 
12       communication or a telephone call or electronic communication that threatens
13       physical injury; or
14                 (5)  subjects another person to offensive physical contact.

Sec. 11.41.270. Stalking in the second degree.

Source

     (a) A person commits the crime of stalking in the second degree if the person knowingly engages in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the death or physical injury of a family member.

     (b) In this section,

     (1) "course of conduct" means repeated acts of nonconsensual contact involving the victim or a family member;

     (2) "family member" means a

     (A) spouse, child, grandchild, parent, grandparent, sibling, uncle, aunt, nephew, or niece, of the victim, whether related by blood, marriage, or adoption;

     (B) person who lives, or has previously lived, in a spousal relationship with the victim;

     (C) person who lives in the same household as the victim; or

     (D) person who is a former spouse of the victim or is or has been in a dating, courtship, or engagement relationship with the victim;

     (3) "nonconsensual contact" means any contact with another person that is initiated or continued without that person's consent, that is beyond the scope of the consent provided by that person, or that is in disregard of that person's expressed desire that the contact be avoided or discontinued; "nonconsensual contact" includes

     (A) following or appearing within the sight of that person;

     (B) approaching or confronting that person in a public place or on private property;

     (C) appearing at the workplace or residence of that person;

     (D) entering onto or remaining on property owned, leased, or occupied by that person;

     (E) contacting that person by telephone;

     (F) sending mail or electronic communications to that person;

     (G) placing an object on, or delivering an object to, property owned, leased, or occupied by that person;

     (4) "victim" means a person who is the target of a course of conduct.

     (c) Stalking in the second degree is a class A misdemeanor.