HB 1429 — Relating to harassment and stalking with a robot; and to provide a penalty.

Section 12.1-17-07.1 of the North Dakota Century Code is amended and reenacted as follows:

12.1-17-07.1.

Stalking.

1.

As used in this section:

a.

"Course of conduct" means a pattern of conduct consisting of two or more acts evidencing a continuity of purpose.

The term includes an act conducted with a robot in the direct control of the person.

The term does not include constitutionally protected activity.

b.

"Immediate family" means a spouse, parent, child, or sibling.

The term also includes any other individual who regularly resides in the household or who within the prior six months regularly resided in the household.

An"Robot" individualmeans conductingan surveillanceartificial object or photographingsystem anotherthat individualsenses, orprocesses, anotherand individual'sacts realusing property,technology, whetherincluding ownedthe orassociated rented,elements, withcommunication thatlinks, individual'sand consent.artificial intelligence.

The term includes remotely piloted aircraft.

An"Stalk" individualmeans: photographing an event open to the public.

3.(1) To engage in an intentional course of conduct directed at a specific person which frightens, intimidates, or harasses that person and which serves no legitimate purpose.

AnThe individualcourse whoof violatesconduct thismay sectionbe isdirected guiltytoward that person or a member of that person's immediate family and must cause a classreasonable Aperson misdemeanor.to experience fear, intimidation, or harassment;

Harassmentor by(2) robotThe -unauthorized Livestocktracking of the person's movements or location through the use of a global positioning system, robot, or other electronic means that would cause a reasonable person to be frightened, intimidated, or harassed and wildlifewhich -serves Penalty.no legitimate purpose.

1.

An individual may not intentionally or recklessly harass livestock with a robot.

An individual who violates this subsection is guilty of a class B misdemeanor.

AnA individualperson whomay harassesnot livestockintentionally withstalk aanother robot,person. causing physical injury or death to livestock, is guilty of a class A misdemeanor.

AnIn individualany mayprosecution notunder intentionallythis harasssection, wildlifeit withis not a robot.defense that the actor was not given actual notice that the person did not want the actor to contact or follow the person;

Annor individualis whoit violatesa thisdefense subsectionthat isthe guiltyactor ofdid anot classintend Bto misdemeanor.frighten, intimidate, or harass the person.

PageAn No.attempt to contact or follow a person after being given actual notice that the person does not want to be contacted or followed is prima facie evidence that the actor intends to stalk that person.

24. 25.0908.02000

In any prosecution under this section, it is a defense that a private investigator licensed under chapter 43-30 or a peace officer licensed under chapter 12-63 was acting within the scope of employment.

5.

If a person claims to have been engaged in a constitutionally protected activity, the court shall determine the validity of the claim as a matter of law and, if found valid, shall exclude evidence of the activity.

6.

a.

A person who violates this section is guilty of a class C felony if:

(1) The person previously has been convicted of violating section 12.1-17-01, 12.1-17-01.1, 12.1-17-01.2, 12.1-17-02, 12.1-17-04, 12.1-17-05, or 12.1-17-07, or a similar offense from another court in North Dakota, a court of record in the United States, or a tribal court, involving the victim of the stalking;

H.

B.

NO.

1429 - PAGE 3 (2) The stalking violates a court order issued under chapter 14-07.1 protecting the victim of the stalking, if the person had notice of the court order;

or (3) The person previously has been convicted of violating this section.

b.

If subdivision a does not apply, a person who violates this section is guilty of a class A misdemeanor.

H.

B.

NO.

1429 - PAGE 4 ____________________________ ____________________________ Speaker of the House President of the Senate ____________________________ ____________________________ Chief Clerk of the House Secretary of the Senate This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as House Bill No.

1429.

House Vote:

Yeas 91 Nays 0 Absent 3 Senate Vote:

Yeas 45 Nays 0 Absent 2 ____________________________ Chief Clerk of the House Received by the Governor at ________M.

on _____________________________________, 2025.

Approved at ________M.

on __________________________________________________, 2025.

____________________________ Governor Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.

____________________________ Secretary of State