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Note: If you or someone you know is the victim of domestic violence, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or your local police department.
The crime of stalking is not a single act but rather a pattern of malicious behavior intended to cause fear or apprehension in another person. In order to be charged for stalking, the perpetrator must have committed more than one act, showing a pattern of harassment. For the most part, stalking cases involve current or former romantic partners such as ex-spouses. For example, a man who repeatedly stops by an ex-girlfriend's place of employment and simply stares at her menacingly may be charged with stalking.
While first offenses are often charged as misdemeanors, repeat offenses or those following related crimes are often charged as felonies and may result in prison time. Individuals who make valid complaints about stalking to the proper authorities usually are able to get a restraining order.
According to North Dakota statute, an act of stalking is defined as "intentional conduct" meant to "frighten, intimidate, or harass" another person that happens at least two different times. While a first offense is charged as a misdemeanor, and repeat offenses are charged as a Class C felony.
See the following chart for additional details about North Dakota's stalking laws. See Stalking and Domestic Violence and Domestic Violence Restraining Order FAQs to learn more.
| Code Section | 12.1-17-07.1 |
| Stalking Defined as | Stalking is intentional conduct directed at a specific person which frightens, intimidates, or harasses and serves no legitimate purpose towards a person or their immediate family. The crime is defined as "a pattern of conduct consisting of two or more acts evidencing a continuity of purpose." |
| Punishment/Classification | Class A misdemeanor. Class C felony if previous conviction of assault, terrorizing, menacing, or harassing same victim, or violation of court order or previous stalking conviction. |
| Penalty for Repeat Offense | Class C felony: repeat offense or violation by assault, terrorizing, menacing, or harassment |
| Arrest or Restraining Order Specifically Authorized by Statute? | - |
| Constitutionally Protected Activities Exempted? | Yes |
Note: State laws are always subject to change, usually through the enactment of newly signed legislation, but sometimes through judicial actions or other means. You may want to contact a North Dakota family law attorney or criminal defense attorney, or conduct your own legal research to verify the state law(s) you are researching.
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