26.13.250 Stalking

(a) Any person who commits the offense of stalking if the person willfully on more than one occasion follows, harasses or is in the presence of another person without legal purpose shall be guilty of a Class [4] four offense if:

(1) The person stalked is a juvenile under 16 years of age; or

(2) Violates a protection order from any court, violates a restraining of the court if the person had notice of the court order; or

(3) Commits the offense when there is a court order in effect prohibiting similar behavior.

(b) In any prosecution for violation of this section, it is a defense that the accused is a licensed private investigator or licensed peace officer acting within the scope of their employment. Should a claim be made that the activity is constitutionally protected, the court shall determine the validity of the claim as a matter of law, and if found valid, shall exclude evidence of the activity.