State Laws: Stalking

According to North Dakota state law, “stalking” is defined as

1. To engage in an intentional course of conduct directed at a specific person which frightens, intimidates, or harasses that person, and which serves no legitimate purpose. The course of conduct may be directed toward that person or a member of that person’s immediate family and must cause a reasonable person to experience fear, intimidation, or harassment; or
2. The unauthorized tracking of the person’s movements or location through the use of a global positioning system or other electronic means that would cause a reasonable person to be frightened, intimidated, or harassed and which serves no legitimate purpose.

In court, it is not a defense that the actor (perpetrator) was not given any actual notice that the victim did not want them to contact or follow the person, nor is intent considered as defense. If however, the perpetrator was given notice that the victim does not want to be contacted or followed, that serves as evidence of intent to stalk.

North Dakota Century Code includes stalking as a form of domestic violence. Victims of stalking can seek a Domestic Violence Protection Order (DVPO) based on stalking behavior.

View the full North Dakota law regarding stalking.