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The undergraduate Standards of Conduct prohibit a variety of behaviors considered “stalking” (See: Standards of Conduct). Such behavior on the part of non-students may also be addressed by the Department of Safety and Security in the form of written notification that the non-student is not welcome on College property, and will be prosecuted for trespass if found on College property. Students with concerns about stalking should contact the Department of Safety and Security, the Hanover Police Department, and/or their class deans.
Under New Hampshire law, a person commits the offense of stalking if they:
- purposely, knowingly, or recklessly engage in a “course of conduct” targeted at a specific person which would cause a reasonable person to fear for their personal safety or the safety of a member of their immediate family, and the person is actually placed in fear;
- purposely or knowingly engage in a “course of conduct” targeted at a specific individual which the actor knows will place that individual in fear of their personal safety or safety of a member of their immediate family;
- after being served with, or provided notice of a protective order, that prohibits contact with a specific individual, purposely, knowingly or recklessly engages in a single act of conduct that both violates the provision of the order and constitutes a “course of conduct” within the meaning of New Hampshire
A “course of conduct” is defined, in essence, to mean two or more acts over a period of time which evidences a continuity of purpose and may include any of the following acts or combination of acts:
- threatening the safety of a person or their immediate family member;
- following, approaching or confronting that person or a member of that person’s immediate family;
- appearing in close proximity to or entering that person’s residence, place of employment, school or other place where the person can be found or those locations where a person’s immediate family can be found;
- causing damage to the person’s residence or property or a member of that person’s immediate family;
- placing an object on the person’s property, either directly or through a third person or that of an immediate family member;
- causing injury to a person’s pet or to a pet belonging to a member of the immediate family;
- any act of communication which imparts a message by any method of transmission of information or material including but not limited to telephone, personal delivery, written note or letter, package, mail, courier, or electronic transmission including by computer. Communications need not directly reach the victim as long as the course of conduct makes it reasonable for the victim to fear for his or her safety. See, for example, State v. Gubitosi, 152 N.H. 673, 682-683 (N.H. 2005). Communications such as a telephone call that do not include identification of the caller or even conversation that have a purpose of annoying, abusing, threatening, or alarming another may constitute harassment if not stalking.
A violation of RSA 633:3-a is a Class A misdemeanor for a first offense and Class B felony for subsequent offenses within seven years. A Class A misdemeanor is punishable by a fine of $2,000 and up to 1 year imprisonment. A Class B felony is punishable by a fine of $4,000 and imprisonment up to 7 years.