Stalking revisions.

ORIGINAL
House
ENGROSSED
Bill No
.
HB0008

ENROLLED ACT NO. 28,

HOUSE OF REPRESENTATIVES

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2018 Budget Session

AN ACT relating to stalking crimes, offenses and protective orders; amending elements for the crime of stalking; amending penalties for the crime of stalking; clarifying jurisdiction for prosecution of the crime of stalking; amending the definition of stalking in relation to protective orders; modifying provisions relating to orders of protection as specified; 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), (
d
)
, (e)(i)
,
(iv)
and
by creating new subsections (f) and (g)
,

35
‑
21
‑
104(b) and 35
‑
21
‑
105(c)
are 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

that
the defendant knew or should have known would cause
:

(A)

A
reasonable person to s
uffer substantial emotional distress
;
, and which does in fact seriously alarm the person toward whom it is directed
.

(B)

A reasonable person to suffer substantial f
ear for their safety or the safety of another person
;
or

(C)

A reasonable person to suffer substantial f
ear for the destruction of their property.

(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), or both.

If a person sentenced under this subsection is placed on probation, the court may,
notwithstanding
any other provision of law, impose a term of probation exceeding the maximum one (1) year imprisonment, provided the term of probation, including extensions, shall not exceed three (3) years.

(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:

(i)

The act or acts leading to the conviction occurred within
five (5)
years
of the completion of the sentence, including all
periods of
incarceration, parole and probation,

of a prior conviction under this subsection, or under subsection (b) of this section, or under a substantially similar law of another jurisdiction;

(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.

(f)

An offense under this section may be deemed to have been committed at
the place where any
:

(i)

A
ct within the course of conduct that constitutes stalking was initiated; or

(ii)

C
ommunication within the course of conduct that constitutes stalking was received by the victim then present in Wyoming; or

(iii)

A
ct within the course of conduct that constitutes stalking caused an effect on the victim then present in Wyoming.

(g)

An act that indicates a course of conduct but occurs in more than one
(1)
jurisdiction may be used by any jurisdiction in which the act occurred as evidence of a continuing course of conduct.

35
‑
21
‑
104
.

Temporary order of protection; setting hearing.

(b)

An order of protection issued under this section shall contain a notice that willful violation of any provision of the order constitutes a crime as defined by W.S. 6
‑
4
‑
404, can result in immediate arrest and may result in further punishment.
Orders shall also
contain notice
that a violation that constitutes the offense of stalking as defined by W.S. 6
‑
2
‑
506(b) may subject the perpetrator to enhanced penalties for felony stalking under W.S. 6
‑
2
‑
506(e).

35
‑
21
‑
105
.

Order of protection; contents; remedies; order not to affect title to property; conditions.

(c)

The order shall contain a notice that willful violation of any provision of the order constitutes a crime as defined by W.S. 6
‑
4
‑
404, can result in immediate arrest
and may result in further punishment.
Orders shall also
contain notice
that a violation that constitutes the offense of stalking as defined by W.S. 6
‑
2
‑
506(b) may subject the perpetrator to enhanced penalties for felony stalking under W.S. 6
‑
2
‑
506(e).

Section 2
.

This act is effective July 1, 2018.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
House
.

Chief Clerk

1