(a) In this section, “stalking” means a malicious course of conduct that includes approaching or pursuing another where:
(1) the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear:
(i) 1. of serious bodily injury;
2. of an assault in any degree;
4. of false imprisonment; or
5. of death; or
(ii) that a third person likely will suffer any of the acts listed in item (i) of this item; or
(2) the person intends to cause or knows or reasonably should have known that the conduct would cause serious emotional distress to another.
(b) The provisions of this section do not apply to conduct that is:
(1) performed to ensure compliance with a court order;
(2) performed to carry out a specific lawful commercial purpose; or
(3) authorized, required, or protected by local, State, or federal law.
(c) A person may not engage in stalking.
(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
(e) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any other crime based on the acts establishing a violation of this section.
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