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A person commits the class 5 felony of stalking if he or she knowingly makes a credible threat to another person (or causes that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship serious emotional distress) that involves repeatedly following, approaching, contacting, placing under surveillance, or making any form of communication that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship. 18-3-602 (3) (a)
A second or subsequent offense of stalking is a class 4 felony. 18-3-602 (3) (b)
Stalking is a class 4 felony, regardless of the number of prior offenses, if, at the time of the offense, a protection order or other court order was in place against the defendant, prohibiting the behavior described above. 18-3-602 (5)
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