§930 — Title 10 Armed Forces | U.S. Code

Summary

Makes stalking a crime for someone covered by the law to repeatedly follow, threaten, or harass a specific person in a way that would make a reasonable person fear death or serious bodily harm, including sexual assault, to that person or to their immediate family, intimate partner, or dating partner. The person must have known or should have known their behavior would create that fear, and the behavior must actually cause the targeted person to reasonably fear harm. Key words: "conduct" means any kind of action, including surveillance, mail, or electronic messages; "course of conduct" means repeated close presence, repeated threats (spoken, written, or implied), or a pattern of repeated acts showing a continuous purpose; "dating partner" means someone in a romantic or intimate social relationship judged by its length, type, how often the people interact, and how physically intimate they are; "repeated" means two or more occasions; "immediate family" means a spouse, parent, sibling, child, someone acting as a parent, or a household relative; "intimate partner" means a former spouse, someone who shares a child, someone who lives or lived with the person as a spouse, or someone in a romantic relationship judged by length, type, and frequency of interaction.

Title 10, §930

Armed Forces — Source: USLM XML via OLRC

(a)Any person subject to this chapter—

(1)who wrongfully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate family, to his or her intimate partner, or to his or her dating partner;

(2)who has knowledge, or should have knowledge, that the specific person will be placed in reasonable fear of death or bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate family, to his or her intimate partner, or to his or her dating partner; and

(3)whose conduct induces reasonable fear in the specific person of death or bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate family, to his or her intimate partner, or to his or her dating partner;

(b)In this section:

(1)The term “conduct” means conduct of any kind, including use of surveillance, the mails, an interactive computer service, an electronic communication service, or an electronic communication system.

(2)The term “course of conduct” means—

(A)a repeated maintenance of visual or physical proximity to a specific person;

(B)a repeated conveyance of verbal threat, written threats, or threats implied by conduct, or a combination of such threats, directed at or toward a specific person; or

(C)a pattern of conduct composed of repeated acts evidencing a continuity of purpose.

(3)The term “dating partner”, in the case of a specific person, means a person who is or has been in a social relationship of a romantic or intimate nature with such specific person based on a consideration of—

(A)the length of the relationship;

(B)the type of relationship;

(C)the frequency of interaction between the persons involved in the relationship; and

(D)the extent of physical intimacy or sexual contact between the persons involved in the relationship.

(4)The term “repeated”, with respect to conduct, means two or more occasions of such conduct.

(5)The term “immediate family”, in the case of a specific person, means—

(A)that person’s spouse, parent, brother or sister, child, or other person to whom he or she stands in loco parentis; or

(B)any other person living in his or her household and related to him or her by blood or marriage.

(6)The term “intimate partner”, in the case of a specific person, means—

(A)a former spouse of the specific person, a person who shares a child in common with the specific person, or a person who cohabits with or has cohabited as a spouse with the specific person; or

(B)a person who has been in a social relationship of a romantic or intimate nature with the specific person, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 930 was renumbered section 929a of this title and subsequently omitted from the Code.

Amendments

2023—Subsec. (a). Pub. L. 118–31, § 531(d)(2)(A), substituted “to his or her intimate partner, or to his or her dating partner” for “or to his or her intimate partner” wherever appearing. Subsec. (b)(3) to (6). Pub. L. 118–31, § 531(d)(2)(B), added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respectively. 2016—Pub. L. 114–328 amended section generally. Prior to amendment, section set out elements of stalking and defined terms. Pub. L. 114–328, § 5401(11), renumbered section 920a of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing

Regulations

and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Effective Date

Pub. L. 109–163, div. A, title V, § 551(b), Jan. 6, 2006, 119 Stat. 3256, provided that: “Section 920a of title 10, United States Code (article 120a of the Uniform Code of Military Justice), as added by subsection (a), applies to offenses committed after the date that is 180 days after the date of the enactment of this Act [Jan. 6, 2006].”

§930 Art. 130. Stalking

Summary

Title 10, §930

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Effective Date

Citations & Metadata