Stalking-penalties.

2017
STATE OF WYOMING
17LSO-0372
Introduced
1.3

SENATE FILE

NO.

SF0084

Stalking-penalties.

Sponsored by:
Senator(s) Landen, Boner, Ellis and Pappas and Representative(s) Blake, Brown, Dayton, Kinner, Pelkey and Pownall

A BILL

for

AN ACT relating to crimes and offenses; amending penalties for stalking as specified; specifying conduct that constitutes felony stalking; amending a definition; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section
1
.

W.S. 6
‑
2
‑
506
(
a)(ii), (b)(i), (d), (e)
(iii), (iv) and by creating
new paragraph
s
(v)
and (vi)
and
by creating a
new subsection (f)
is amended to read:

6
‑
2
‑
506
.

Stalking; penalty.

(a)

As used in this section:

(ii)

"Harass" means to engage in a course of conduct, including but not limited to verbal threats, written threats, lewd or obscene statements or images, vandalism or nonconsensual physical contact, directed at a specific person
or the family of a specific person,
which the defendant knew or should have known would cause a reasonable person to
:

(A)

S
uffer
substantial
emotional distress
;
,

and which does in fact seriously alarm the person toward whom it is directed
.

(B)

F
ear for

the person's

safety
or
the safety of another
;
or

(C)

F
ear

for
the destruction of propert
y.

(b)

Unless otherwise provided by law, a person commits the crime of stalking if, with intent to harass another person, the person engages in a course of conduct
reasonably likely to harass that person, including but not limited to any combination of the following:

(i)

Communicating, anonymously or otherwise, or causing a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses
,
including communications originating from outside Wyoming
or conducted through social media or similar electronic service
;

(d)

Except as provided under subsection

(e)

of this section, stalking is a misdemeanor punishable by imprisonment for not more than
six (6)

months

one (1) year
, a fine of not more than
seven hundred fifty dollars ($750.00)

one thousand dollars ($1,000.00)
, or both.

(e)

A person convicted of stalking under subsection (b) of this section is guilty of felony stalking punishable by imprisonment for not more than ten (10) years, if:

(iii)

The defendant committed the offense of stalking in violation of any condition of probation, parole or bail;
or

(iv)

The defendant committed the offense of stalking in violation of a temporary or permanent order of protection issued pursuant to W.S. 7
‑
3
‑
508
,

or

7
‑
3
‑
509,

35
‑
21
‑
104 or 35
‑
21
‑
105
or pursuant to a substantially similar law of another jurisdiction
;
.

(v)

The defendant
committed the offense of stalking against the same
victim
for whom
the defendant had previously been prohibited from contacting in
a temporary or permanent
order o
f
protection
issued
pursuant to W.S. 7
‑
3
‑
508, 7
‑
3
‑
509, 35
‑
21
‑
104 or 35
‑
21
‑
105
or pursuant to a substantially similar law of another jurisdiction
;
or

(vi)

The
defendant committed the offense of stalking against the same victim

f
or
whom the defendant
had pr
eviously
been
convicted of stalking pursuant to subsection (b) of this section.

(f)

If a person sentenced under subsection (d) of this section is placed on probation, the
court
may, notwithstanding any other provision of law, impose a term of probation exceeding the maximum
twelve (12) months imprisonment,
provided the term o
f
probation,
including extensions
,
shall
no
t
exceed three
(3)
years.

Section 2
.

This act is effective July 1, 2017
.

(END)

1
SF0084