Bill > HB197

This bill amends Delaware's stalking statute to expand the definition of "course of conduct" and modify the severity of stalking offenses. The bill changes the classification of stalking from a class G to a class E felony, with more severe classifications (class D and class C) for specific aggravating circumstances such as the victim being a minor or elderly, violating a contact order, making death threats, causing physical injury, or possessing a deadly weapon. The definition of "course of conduct" is significantly broadened to include three or more separate incidents involving following, tracking, threatening, or interfering with a person's daily activities, with explicit language that emphasizes the intent and potential impact of the stalker's actions. The bill also introduces a new provision that if a court determines that the actions in question are constitutionally protected, all evidence related to those activities must be excluded from prosecution. Additionally, the bill maintains that lack of actual notice to the perpetrator or lack of intent to cause fear does not serve as a defense, and it preserves exemptions for law enforcement and certain professional investigative activities.

Justice

https://legis.delaware.gov/BillDetail?LegislationId=142415