PRIA, Government Policy, Made Personal

Summary

Anyone covered by this law commits stalking if they wrongfully carry out repeated actions toward a specific person that would make a reasonable person fear death or serious harm, including sexual assault, to that person, their immediate family, their intimate partner, or their dating partner. The actor must know or should know their behavior will cause that fear, and the behavior must actually make the person reasonably afraid. A person found guilty can be punished by a court-martial. Meanings in short: "conduct" is any action, including surveillance, mail, or electronic services; "course of conduct" is repeated close following, repeated threats (spoken, written, or implied), or a pattern of repeated acts with a single purpose; "repeated" means two or more times; "immediate family" is close relatives or household relatives; "intimate partner" and "dating partner" are people in current or past romantic or sexual relationships, judged by things like length, type, frequency, and physical intimacy.

Title 10, §930

Armed Forces, Source: USLM XML via OLRC

(a)In General.—

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;

is guilty of stalking and shall be punished as a court-martial may direct.

(b)Definitions.—

In this section: (1)

(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