10 USC §
920a
§ 551. OFFENSE OF
STALKING UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a) Establishment of Offense
–
(1) NEW PUNITIVE ARTICLE- Subchapter X
of chapter 47 of title 10, United States Code (the Uniform Code of Military
Justice), is amended by inserting after § 920 (article 120) the following new
section:
§ 920a. Art. 120a.
Stalking
(a) Any person subject to this section
--
(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 or a
member of his or her immediate family;
(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 or a member of
his or her immediate family; and
(3) whose acts induce reasonable fear
in the specific person of death or bodily harm, including sexual assault, to
himself or herself or to a member of his or her immediate
family.
is guilty of stalking and shall be punished as a court-martial may
direct.
(b) In this
section:
(1) The term "course of conduct" means
--
(A) a repeated maintenance of visual
or physical proximity to a specific person; or
(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.
(2) The term `repeated', with respect
to conduct, means two or more occasions of such conduct.
(3) The term `immediate family', in the
case of a specific person, means a spouse, parent, child, or sibling of the
person, or any other family member, relative, or intimate partner of the person
who regularly resides in the household of the person or who within the six
months preceding the commencement of the course of conduct regularly resided in
the household of the person.'.
(2) CLERICAL AMENDMENT- The table
of sections at the beginning of such subchapter is amended by inserting after
the item relating to section 920 the following new item:
§ 920a. 120a.
Stalking.
(b) Applicability- 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.