A person who engages in an intentional course of conduct directed at a specific person that frightens, intimidates, or harasses the person, and that serves no legitimate purpose is guilty of the crime of Stalking. The course of conduct may be directed toward the person [or a member of that person's immediate family] and must cause a reasonable person to experience fear, intimidation, or harassment.

ESSENTIAL ELEMENTS OF THE OFFENSE

The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, engaged in a course of conduct directed at _______________ [or a member of that person's immediate family];

2) The Defendant's course of conduct frightened, intimidated, or harassed _______________ [or a member of that person's immediate family];

3) The Defendant's course of conduct served no legitimate purpose;

4) The Defendant's course of conduct must cause a reasonable person to experience fear, intimidation, or harassment; and

5) The Defendant engaged in the course of conduct intentionally. [If you find the Defendant attempted to contact or follow _______________ after being given actual notice that _______________ did not want to be contacted or followed, that finding is sufficient to prove intent to stalk _______________.]

DEFINITIONS A "course of conduct" is a pattern of conduct consisting of two or more acts evidencing a continuity of purpose. An "immediate family" member is 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. [Insert relevant definitions. NDCC 12.1-02-02(1)(a).]

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