Sec. 26.05.895. Stalking.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A member of the militia is guilty of stalking and may be punished by up to three years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct if the member

(1)wrongfully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including sexual assault, to the person or a member of the person's immediate family;

(2)has knowledge, or should have knowledge, that the specific person will be placed in reasonable fear of death or bodily harm, including sexual assault, to the person or a member of the person's immediate family;

(3)induces in a specific person reasonable fear of death or bodily harm, including sexual assault, to the person or to a member of the person's immediate family.

(b)Unless otherwise specifically defined or unless the context otherwise requires, in this section,

(1)“course of conduct” means a repeated maintenance of visual or physical proximity to a specific person or a repeated conveyance of verbal threats, written threats, or threats implied by conduct, or a combination of those threats, directed at or toward a specific person;

(2)“immediate family” means a spouse, parent, child, or sibling of the person, or any other family member, relative, or intimate partner of the person who regularly resides in the household of the person or who, within the six months preceding the commencement of the course of conduct, regularly resided in the household of the person;

(3)“repeated,” with respect to conduct, means two or more occasions of that conduct.