§ 750.411hStalking; definitions; violation as misdemeanor; penalties; probation;

conditions; evidence of continued conduct as rebuttable presumption; additional
 penalties.
 Sec. 411h.
    (1) As used in this section:
    (a) "Course of conduct" means a pattern of conduct composed of a series of 2 or more
 separate noncontinuous acts evidencing a continuity of purpose.
    (b) "Dating relationship" means frequent, intimate associations primarily characterized by
 the expectation of affectional involvement. This term does not include a casual relationship or
 an ordinary fraternization between 2 individuals in a business or social context.
    (c) "Emotional distress" means significant mental suffering or distress that may, but does
 not necessarily, require medical or other professional treatment or counseling.
    (d) "Harassment" 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.
    (e) "Stalking" 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.
    (f) "Unconsented 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.
    (g) "Victim" 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.
    (c) If the victim and the individual are spouses or former spouses, have or have had a dating
 relationship, have or have had a child in common, or are residents or former residents of the
 same household, a misdemeanor punishable by imprisonment for not more than 1 year or a
 fine of not more than $1,000.00, or both.


                                                                   Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026               Page 332 of 465                            Courtesy of legislature.mi.gov

    (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 the individual's 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.