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Old December 13th, 2005, 03:36 PM   #1
biohazardbill
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Default Michigan Stalking Laws... FYI

Michigan Comp. Laws Ann. ' 600.2954
Maintaining civil action against individual engaging in prohibited conduct; Avictim@ defined.


(1) A victim may maintain a civil action against an individual who engages in conduct that is prohibited under section 411h or 411i of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.411h and 750.411i of the Michigan Compiled Laws, for damages incurred by the victim as a result of that conduct. A victim may also seek and be awarded exemplary damages, costs of the action, and reasonable attorney fees in an action brought under this section.

(2) A civil action may be maintained under subsection (1) whether or not the individual who is alleged to have engaged in conduct prohibited under section 411h or 411i of Act No. 328 of the Public Acts of 1931 has been charged or convicted under section 411h or 411i of Act No. 328 of the Public Acts of 1931 for the alleged violation.

(3) As used in this section, AAvictim@@ means that term as defined in section 411h of Act No. 328 of the Public Acts of 1931.


Michigan Comp. Laws Ann. ' 750.411 (h)- (i)
Stalking; definitions; violation as misdemeanor; penalties; probation; conditions; evidence of continued conduct as rebuttable presumption; additional penalties.

(1) As used in this section:

(a) AACourse of conduct@@ means a pattern of conduct composed of a series of 2 or more separate noncontinuous acts evidencing a continuity of purpose.

(b) AAEmotional distress@@ means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.

(c) AAHarassment@@ means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.

(d) AAStalking@@ means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

(e) AAUnconsented contact@@ means any contact with another individual that is initiated or continued without that individual's consent or in disregard of that individual's expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:


(i) Following or appearing within the sight of that individual.

(ii) Approaching or confronting that individual in a public place or on private property.

(iii) Appearing at that individual's workplace or residence.

(iv) Entering onto or remaining on property owned, leased, or occupied by that individual.

--****************************************

(v) Contacting that individual by telephone.

(vi) Sending mail or electronic communications to that individual.

--****************************************

(vii) Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.

(f) AAVictim@@ means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.

(2) An individual who engages in stalking is guilty of a crime as follows:

(a) Except as provided in subdivision (b), a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(b) If the victim was less than 18 years of age at any time during the individual's course of conduct and the individual is 5 or more years older than the victim, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.

(3) The court may place an individual convicted of violating this section on probation for a term of not more than 5 years. If a term of probation is ordered, the court may, in addition to any other lawful condition of probation, order the defendant to do any of the following:

(a) Refrain from stalking any individual during the term of probation.

(b) Refrain from having any contact with the victim of the offense.

(c) Be evaluated to determine the need for psychiatric, psychological, or social counseling and if, determined appropriate by the court, to receive psychiatric, psychological, or social counseling at his or her own expense.

--************************************************** ***

(4) In a prosecution for a violation of this section, evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact with the victim after having been requested by the victim to discontinue the same or a different form of unconsented contact, and to refrain from any further unconsented contact with the victim, gives rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

--************************************************** ***
(5) A criminal penalty provided for under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.
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Old December 13th, 2005, 03:38 PM   #2
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huh?
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Old December 13th, 2005, 03:38 PM   #3
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did the law change? or somthing recently?
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Old December 13th, 2005, 03:39 PM   #4
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Did something happen you're not telling us Bill?
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Old December 13th, 2005, 03:44 PM   #5
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I am merely pointing out that if someone without your consent calls you repeatedly, emails repeatedly, or any other form of contact, it can be considered stalking.

If you ask this person to leave you alone and not to contact you in any way, they have to honor it by law.
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Old December 13th, 2005, 03:53 PM   #6
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Quote:
Originally Posted by biohazardbill
I am merely pointing out that if someone without your consent calls you repeatedly, emails repeatedly, or any other form of contact, it can be considered stalking.

If you ask this person to leave you alone and not to contact you in any way, they have to honor it by law.
this could apply for soliciters i'm assuming also, i just read a article about DirectTV getting sued for some big $$$$$$$ because they were ignoring peoples request to not be called again.
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Old December 13th, 2005, 04:00 PM   #7
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Does this apply to someone trying to force you to eat a noodle and you repeatedly say no?
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Old December 13th, 2005, 04:00 PM   #8
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Quote:
Originally Posted by Hal9000
this could apply for soliciters i'm assuming also
This is correct....

We deal with it at my current job, and at my last job they got sued for faxes when they were asked to not fax again, however I do not think it would be considered stalking. I believe stalking is on a more personal level.
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Old December 13th, 2005, 04:02 PM   #9
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Quote:
Originally Posted by mschaffer66
Does this apply to someone trying to force you to eat a noodle and you repeatedly say no?
Not if it was in the same encounter. If said person asked you to repeatedly eat his noodle on more than one occasion then possibly.
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Old December 13th, 2005, 04:06 PM   #10
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Quote:
Originally Posted by biohazardbill
This is correct....

We deal with it at my current job, and at my last job they got sued for faxes when they were asked to not fax again, however I do not think it would be considered stalking. I believe stalking is on a more personal level.
yeah the last few places i worked we would get those kinds of faxes too, i just faxed them back part of the time to piss em off
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Old December 13th, 2005, 04:17 PM   #11
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And here i thought you were playing hard to get:tonka:
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Old December 13th, 2005, 04:43 PM   #12
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Quote:
Originally Posted by biohazardbill
I am merely pointing out that if someone without your consent calls you repeatedly, emails repeatedly, or any other form of contact, it can be considered stalking.

If you ask this person to leave you alone and not to contact you in any way, they have to honor it by law.
So...does you calling me while drunk and making lewd comments count?
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Old December 13th, 2005, 04:44 PM   #13
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Quote:
Originally Posted by GreaseMonkey
So...does you calling me while drunk and making lewd comments count?

of course not, it's not stalking if you like it
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Old December 13th, 2005, 05:34 PM   #14
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hahahahahahahaha
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Old December 13th, 2005, 06:50 PM   #15
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You cant sue... I didnt even talk to you today
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Old December 13th, 2005, 09:33 PM   #16
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Old December 13th, 2005, 11:46 PM   #17
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so basicly, anyone that talks toyou is stalking you............ correct?
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Old December 13th, 2005, 11:47 PM   #18
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Not if you tell them not to and mean it.
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