§ 6-2-506 — Stalking; penalty

Wyoming § 6-2-506

• Jurisdiction: Wyoming
• Title 06: Crimes and Offenses
• Ch. 2: OFFENSES AGAINST THE PERSON
• Art. 5: ASSAULT AND BATTERY

Text

(a) As used in this section:
(i) "Course of conduct" means a pattern of conduct
composed of a series of acts over any period of time evidencing
a continuity of purpose;
(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 that the
defendant knew or should have known would cause:
(A) A reasonable person to suffer substantial
emotional distress;
(B) A reasonable person to suffer substantial
fear for their safety or the safety of another person; or
(C) A reasonable person to suffer substantial
fear for the destruction of their property.
(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;
(ii) Following a person, other than within the
residence of the defendant;
(iii) Placing a person under surveillance by
remaining present outside his or her school, place of
employment, vehicle, other place occupied by the person, or
residence other than the residence of the defendant;
(iv) Using any electronic, digital or global
positioning system device or other electronic means to place
another person under surveillance or to surveil another person's
internet or wireless activity without authorization from the
other person; or
(v) Otherwise engaging in a course of conduct that
harasses another person.
(c) This section does not apply to an otherwise lawful
demonstration, assembly or picketing.
(d) Except as provided under subsection (e) of this
section, stalking is a misdemeanor punishable by imprisonment
for not more than 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;
(ii) The defendant caused serious bodily harm to the
victim or another person in conjunction with committing the
offense of stalking;
(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, 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) Act within the course of conduct that constitutes
stalking was initiated; or
(ii) Communication within the course of conduct that
constitutes stalking was received by the victim then present in
Wyoming; or
(iii) Act 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.