AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO STALKING.

Base stalking penalty raised from class G felony to class E felony under subsection (b).

Aggravated stalking penalty raised from class F felony to class D felony under subsection (c).

New mandatory minimum sentence of 6 months incarceration at Level V (first 6 months non-suspendable) for stalking involving acts previously prohibited by a court order or sentence.

New mandatory minimum sentence of 1 year incarceration at Level V (first year non-suspendable) for anyone convicted of stalking within 5 years of a prior stalking conviction.

New definition of 'course of conduct' adds interference with daily activities, property, employment, business, career, education, or medical care as a qualifying act, and clarifies that acts can be done directly, indirectly, or through third parties by any action, method, device, or means.

The word 'tracks' was removed from the list of qualifying acts in the course of conduct definition (follows, monitors, observes, surveys remain).

The threat/communication element was broadened: previously applied only to threats or communications that consciously disregarded a risk of violating subsection (a); now applies to any conduct done in a manner that consciously disregards a substantial risk of violation.

Formal definition added that 'a reasonable person' means a reasonable person in the victim's circumstances.

New provision stating it is NOT a defense that the perpetrator was not given actual notice the conduct was unwanted, or that the perpetrator did not intend to cause fear or emotional distress.

Affirmative defense expanded from 'lawful picketing' to any 'constitutionally protected activity.' If found valid as a matter of law, all evidence of the activity must be excluded.

New exemption: the statute does not apply to conduct in furtherance of legitimate activities of law enforcement, private investigators, security officers, or private detectives as defined in Chapter 13 of Title 24.

Clarification added that no conviction is required for predicate acts relied upon to establish a course of conduct, and prosecution under this section does not preclude prosecution under other sections of the Code.