SB 413 — Clarifying crime of harassment to include stalking

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 413 By Senators Hamilton, Beach, Boley, Clements, Grady, Jeffries, Karnes, Lindsay, Nelson, Roberts, Stollings, Stover, Trump, Weld, Woelfel, Baldwin, Phillips, Plymale, Martin, Romano, Rucker, Takubo, Smith, and Woodrum [Introduced[Originating Januaryin 18,the 2022;Committee on the Judiciary;

referredreported toon  theFebruary Committee28, on2022] the  Judiciary]   A BILL to amend and reenact §61-2-9a of the Code of West Virginia, 1931, as amended, relating to clarifying the criminal offense of stalkingharassment; in West Virginia;

and ensuringclarifying that thisstalking definition is clearly defined to include stalking as a direct form of harassmentharassment. anticipated by the Code.

HarassmentStalking, andharassment; stalking;

(a) AnyStalking. person who engages in a course of conduct directed at another person with the intent to cause the other person to fear for his or her personal safety, the safety of others, or suffer substantial emotional distress, or causes a third person to so act, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, confined in jail for not more than six months, or both fined and confined.

(b)— Any Any person who harasses,engages stalks,in ora repeatedlycourse makesof credibleconduct threatsdirected againstat another person with the intent to cause the other person to fear for his or her personal safety, the safety of others, or suffer substantial emotional distress, or causes a third person to so act, is guilty of a misdemeanor and, upon conviction thereof, shall be confinedfined in jail for not more than six$1,000, months,confined orin finedjail for not more than $1,000,six months, or both fined and confined.

(b) Harassment.

— Any person who harasses, or repeatedly makes credible threats against another is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than six months, or fined not more than $1,000, or both fined and confined.

(f) Notwithstanding any provision of this code to the contrary, any person against whom a protective order is in effect pursuant to the provisions of §53-8-7 of this code, who has been previously served with a copy of said order, who commits a violation of the provisions of this section, in which the subject in the protective order is the victim, is guilty of a felony and , upon conviction thereof, punishable by imprisonment in a state correctional facility for not less than one year nor more than five years, or fined not less than $3,000 nor more than $10,000, or both fined and confined.

(g) Notwithstanding any provision of this code to the contrary, any person who harasses or stalksstalks  another person with the intent to cause the person to physically injure himself or herself, or to take his or her own life, or who continues to harass or stalk another, knowing or having reason to know that the person is likely to physically injure himself or herself, or to take his or her own life based, in whole or in part, on such harassment,harassment or stalking, is guilty of a felony and, upon conviction, shall be imprisoned in a state correctional facility for a determinate sentence of not less than two years nor more than 10 years.

(4) “Harasses” or “stalks” means a willful course of conduct directed at a specific person or persons which would cause a reasonable person mental injury or emotional distress and which serves no legitimate or lawful purpose;

(k) It is a condition of bond for any person accused of the offenseoffenses described in this section that the person is to have no contact, direct or indirect, verbal or physical, with the alleged victim.

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The purpose of this bill is to modify the criminal code relating to harassment to ensure that stalking is clearly defined.

This section is new;

therefore, strike-throughs and underscoring have been omitted.

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