Statutes | Cherokee Code Part II Chapter 14 Article II ยง 14-5.5 | 2019

(a) Definition of terms:

     (1) Harass means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.

     (2) Course of conduct means the pattern of conduct composed of a series of acts over time, however short, evidencing a continuity of purpose.

     (3) Credible threat means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause bodily injury to, a person.

(b) A person commits the offense of stalking if the person willfully on more than one occasion follows, harasses or is in the presence of another person without legal purpose.

(c) A person commits the offense of aggravated stalking if the person willfully on more than one occasion follows, harasses or is in the presence of another person without legal purpose, and:

     (1) Makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury or

     (2) Commits the offense when there is a court order in effect prohibiting similar behavior or

     (3) Commits the offense within five years of a prior conviction for this offense or

     (4) The person stalked is a minor under 16 years of age.

(d) Penalty:

     (1) A violation of subsection (b) of this section shall be punished by a fine of $500.00, imprisonment for up to six months, or both.

     (2) A violation of subsection (c) of this section shall be punished by fine of not more than $15,000.00, imprisonment for up to three years, or both.

(Ord. No. 117, 3-3-2000 Ord. No. 182, 8-6-2012 Ord. No. 526 , 6-8-2015)