§ 750.411iDefinitions; aggravated stalking; circumstances; violation as felony; penalty;

probation; additional conditions of probation; effect of continued course of conduct;
 rebuttable presumption; additional penalty.
 Sec. 411i.
    (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) "Credible threat" means a threat to kill another individual or a threat to inflict physical
 injury upon another individual that is made in any manner or in any context that causes the
 individual hearing or receiving the threat to reasonably fear for his or her safety or the safety
 of another individual.
    (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



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 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 aggravated stalking if the violation
 involves any of the following circumstances:
    (a) At least 1 of the actions constituting the offense is in violation of a restraining order and
 the individual has received actual notice of that restraining order or at least 1 of the actions is
 in violation of an injunction or preliminary injunction.
    (b) At least 1 of the actions constituting the offense is in violation of a condition of
 probation, a condition of parole, a condition of pretrial release, or a condition of release on
 bond pending appeal.
    (c) The course of conduct includes the making of 1 or more credible threats against the
 victim, a member of the victim's family, or another individual living in the same household as
 the victim.
    (d) The individual has been previously convicted of a violation of this section or section
 411h.
    (3) Aggravated stalking is a felony punishable as follows:
    (a) Except as provided in subdivision (b), by imprisonment for not more than 5 years or a
 fine of not more than $10,000.00, 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, by imprisonment for not
 more than 10 years or a fine of not more than $15,000.00, or both.
    (4) The court may place an individual convicted of violating this section on probation for
 any term of years, but not less 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 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.
    (5) 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.




                                                                Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026          Page 334 of 465                              Courtesy of legislature.mi.gov

    (6) 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 contempt of court arising from the same conduct.