Stalking Amendments

3
76-5-106.5
0
Stalking Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Verona Mauga
Senate Sponsor:
LONG TITLE
General Description:
This bill amends the offense of stalking.
Highlighted Provisions:
This bill:
defines a term;
amends the offense of stalking, including to provide an increased penalty if an actor
unlawfully enters the victim's dwelling as part of the commission of the offense; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5-106.5
, as last amended by Laws of Utah 2025, Chapters 173, 238
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
76-5-106.5
is amended to read:
76-5-106.5
. Stalking.
(1)
(a)
As used in this section:
(i)
"Course of conduct" means two or more acts directed at or toward a specific
individual, including:
(A)
acts in which the actor follows, monitors, observes, photographs, surveils,
threatens, or communicates to or about an individual, or interferes with an
individual's property:
(I)
directly, indirectly, or through any third party; and
(II)
by any action, method, device, or means; or
(B)
when the actor engages in any of the following acts or causes someone else to
engage in any of these acts:
(I)
approaches or confronts an individual;
(II)
appears at the individual's workplace or contacts the individual's employer
or coworker;
(III)
appears at an individual's
residence
dwelling
or contacts an individual's
neighbor, or enters property owned, leased, or occupied by an individual;
(IV)
sends material by any means to the individual or for the purpose of
obtaining or disseminating information about or communicating with the
individual to a member of the individual's family or household, employer,
coworker, friend, or associate of the individual;
(V)
places an object on or delivers an object to property owned, leased, or
occupied by an individual, or to the individual's place of employment with
the intent that the object be delivered to the individual; or
(VI)
uses a computer, the Internet, text messaging, or any other electronic
means to commit an act that is a part of the course of conduct.
(ii)
"Dwelling" means the same as that term is defined in Section
76-6-201
.
(ii)
(iii)
(A)
"Emotional distress" means significant mental or psychological
suffering, whether or not medical or other professional treatment or counseling
is required.
(B)
"Emotional distress" includes significant mental or psychological suffering
resulting from harm to an animal.
(iii)
(iv)
"Immediate family" means a spouse, parent, child, sibling, or any other
individual who regularly resides in the household or who regularly resided in the
household within the prior six months.
(iv)
(v)
"Private investigator" means the same as that term is defined in Section
76-12-305
.
(v)
(vi)
"Reasonable person" means a reasonable person in the victim's
circumstances.
(vi)
(vii)
"Stalking" means an offense as described in Subsection
(2)
.
(vii)
(viii)
"Text messaging" means a communication in the form of electronic text
or one or more electronic images sent by the actor from a telephone or computer
to another individual's telephone or computer by addressing the communication to
the recipient's telephone number.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits stalking if the actor intentionally or knowingly:
(a)
engages in a course of conduct directed at a specific individual and knows or is
reckless as to whether the course of conduct would cause a reasonable person:
(i)
to fear for the individual's own safety or the safety of a third individual; or
(ii)
to suffer other emotional distress; or
(b)
violates:
(i)
a stalking injunction issued under Title 78B, Chapter 7, Part 7, Civil Stalking
Injunctions; or
(ii)
a permanent criminal stalking injunction issued under Title 78B, Chapter 7, Part 9,
Criminal Stalking Injunctions.
(3)
(a)
A
Except as provided in Subsection
(3)(b)
or
(c)
, a
violation of Subsection
(2)
is
a class A misdemeanor:
(i)
upon the actor's first violation of Subsection
(2)
; or
(ii)
if the actor violated a stalking injunction issued under Title 78B, Chapter 7, Part 7,
Civil Stalking Injunctions.
(b)
Notwithstanding Subsection (3)(a)
Except as provided in Subsection
(3)(c)
, a
violation of Subsection
(2)
is a third degree felony if the actor:
(i)
has been previously convicted of an offense of stalking;
(ii)
has been previously convicted in another jurisdiction of an offense that is
substantially similar to the offense of stalking;
(iii)
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;
(iv)
violated a permanent criminal stalking injunction issued under Title 78B,
Chapter 7, Part 9, Criminal Stalking Injunctions; or
(v)
has been or is at the time of the offense a cohabitant, as defined in Section
78B-7-102
, of the victim.
(c)
Notwithstanding Subsection (3)(a) or (b), a
A
violation of Subsection
(2)
is a
second degree felony if the actor:
(i)
used a dangerous weapon or used other means or force likely to produce death or
serious bodily injury,
in the commission of the
crime of stalking;
violation of
Subsection
(2)
:
(A)
used a dangerous weapon or used other means or force likely to produce death
or serious bodily injury; or
(B)
entered, under circumstances that the actor knew were unlawful, the victim's
dwelling;
(ii)
has been previously convicted two or more times of the offense of stalking;
(iii)
has been convicted two or more times in another jurisdiction or jurisdictions of
offenses that are substantially similar to the offense of stalking;
(iv)
has been convicted two or more times, in any combination, of offenses under
Subsection
(3)(b)(i)
, (ii), or (iii);
(v)
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
(vi)
has been previously convicted of an offense under Subsection
(3)(b)(iv)
or
(v)
.
(4)
In a 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.
(6)
(a)
Except as provided in Subsection
(6)(b)
, an actor does not violate this section if:
(i)
the actor is acting:
(A)
in the actor's official capacity as a law enforcement officer, governmental
investigator, or private investigator; and
(B)
for a legitimate official or business purpose; or
(ii)
(A)
the actor is the owner of a business;
(B)
the actor engages in a course of conduct that is reasonable and necessary to
protect the actor's ownership interest in the business;
(C)
the conduct is not directed at a cohabitant, as that term is defined in Section
78B-7-102
; and
(D)
the actor's conduct does not violate any other provision of this code.
(b)
A private investigator is not exempt from this section if the private investigator
engages in conduct that would constitute a ground for disciplinary action under
Section
53-9-118
.
(7)
(a)
A permanent criminal stalking injunction limiting the contact between the actor
and victim may be filed in accordance with Section
78B-7-902
.
(b)
This section does not preclude the filing of criminal information for stalking based
on the same act
which
that
is the basis for the violation of the stalking injunction
issued under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions, or a permanent
criminal stalking injunction issued under Title 78B, Chapter 7, Part 9, Criminal
Stalking Injunctions.
(8)
(a)
A law enforcement officer who responds to an allegation of stalking shall use all
reasonable means to protect the victim and prevent further violence, including:
(i)
taking action that, in the officer's discretion, is reasonably necessary to provide for
the safety of the victim and any family or household member;
(ii)
confiscating the weapon or weapons involved in the alleged stalking;
(iii)
making arrangements for the victim and any child to obtain emergency housing
or shelter;
(iv)
providing protection while the victim removes essential personal effects;
(v)
arranging, facilitating, or providing for the victim and any child to obtain medical
treatment; and
(vi)
arranging, facilitating, or providing the victim with immediate and adequate
notice of the rights of victims and of the remedies and services available to
victims of stalking, in accordance with Subsection
(8)(b)
.
(b)
(i)
A law enforcement officer shall give written notice to the victim in simple
language, describing the rights and remedies available under this section and Title
78B, Chapter 7, Part 7, Civil Stalking Injunctions.
(ii)
The written notice shall also include:
(A)
a statement that the forms needed in order to obtain a stalking injunction are
available from the court clerk's office in the judicial district where the victim
resides or is temporarily domiciled; and
(B)
a list of shelters, services, and resources available in the appropriate
community, together with telephone numbers, to assist the victim in accessing
any needed assistance.
(c)
If a weapon is confiscated under this Subsection
(8)
, the law enforcement agency
shall return the weapon to the individual from whom the weapon is confiscated if a
stalking injunction is not issued or once the stalking injunction is terminated.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-13-26 12:23 PM