STALKING IN VIOLATION OF COURT ORDER - ELEMENTS
No person may be convicted of stalking in violation of a court order unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
Fourth, followed/harassed another person;
Fifth, in a manner that would cause a reasonable person [or member of that person's immediate family];
Sixth, to feel frightened/intimidated/threatened/harassed/ molested;
Seventh, actually caused the person being followed/harassed to feel terrorized/frightened/intimidated/threatened/ harassed/molested;
[Eighth, a/an (temporary/permanent restraining order)/(protective order)/(emergency ex parte protective order)/injunction prohibited the defendant's actions; and
Ninth, the defendant had actual notice of the issuance of the order/injunction.]
[Eighth, the defendant was on probation/parole; and
Ninth, a condition of the probation/parole prohibited the defendant's actions.]
[Eighth, the defendant completed a sentence/conviction of a crime involving the use/threat of violence against the same person, or against a member of that person's immediate family; and
Ninth, within ten years of the defendant's actions.]
Statutory Authority: 21 O.S. Supp. 2000, § 1173(B).
Notes on Use
The appropriate eighth and ninth paragraphs of the instruction should be selected from those listed above.
Increased punishment for subsequent stalking offenses is provided for in 21 O.S. Supp. 2000, § 1173(C), (D).
The Committee has concluded that the trial court should not instruct on the presumption in 21 O.S. Supp. 2000, § 1173(E).