HB 237

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1Stalking Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Verona Mauga
  Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill amends the offense of stalking.
6   Highlighted Provisions:
7This bill:
8▸ defines a term;
9▸ amends the offense of stalking, including to provide an increased penalty if an actor
10   unlawfully enters the victim's dwelling as part of the commission of the offense; and
11▸ makes technical and conforming changes.
12   Money Appropriated in this Bill:
13None
14   Other Special Clauses:
15None
16   Utah Code Sections Affected:
17   AMENDS:
1876-5-106.5, as last amended by Laws of Utah 2025, Chapters 173, 238
19
20   Be it enacted by the Legislature of the state of Utah:
21Section 1. Section 76-5-106.5 is amended to read:
2276-5-106.5 . Stalking.
23   (1)(a) As used in this section:
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24(i) "Course of conduct" means two or more acts directed at or toward a specific
25individual, including:
26(A) acts in which the actor follows, monitors, observes, photographs, surveils,
27threatens, or communicates to or about an individual, or interferes with an
28individual's property:
29(I) directly, indirectly, or through any third party; and
30(II) by any action, method, device, or means; or
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31(B) when the actor engages in any of the following acts or causes someone else to
32engage in any of these acts:
33(I) approaches or confronts an individual;
34(II) appears at the individual's workplace or contacts the individual's employer
35or coworker;
36(III) appears at an individual's [residence ] dwelling or contacts an individual's
37neighbor, or enters property owned, leased, or occupied by an individual;
38(IV) sends material by any means to the individual or for the purpose of
39obtaining or disseminating information about or communicating with the
40individual to a member of the individual's family or household, employer,
41coworker, friend, or associate of the individual;
42(V) places an object on or delivers an object to property owned, leased, or
43occupied by an individual, or to the individual's place of employment with
44the intent that the object be delivered to the individual; or
45(VI) uses a computer, the Internet, text messaging, or any other electronic
46means to commit an act that is a part of the course of conduct.
47(ii) "Dwelling" means the same as that term is defined in Section 76-6-201.
48[(ii)] (iii)(A) "Emotional distress" means significant mental or psychological
49suffering, whether or not medical or other professional treatment or counseling
50is required.
51(B) "Emotional distress" includes significant mental or psychological suffering
52resulting from harm to an animal.
53[(iii)] (iv) "Immediate family" means a spouse, parent, child, sibling, or any other
54individual who regularly resides in the household or who regularly resided in the
55household within the prior six months.
56[(iv)] (v) "Private investigator" means the same as that term is defined in Section
5776-12-305.
58[(v)] (vi) "Reasonable person" means a reasonable person in the victim's
59circumstances.
60[(vi)] (vii) "Stalking" means an offense as described in Subsection (2).
61[(vii)] (viii) "Text messaging" means a communication in the form of electronic text
62or one or more electronic images sent by the actor from a telephone or computer
63to another individual's telephone or computer by addressing the communication to
64the recipient's telephone number.
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65(b) Terms defined in Section 76-1-101.5 apply to this section.
66   (2) An actor commits stalking if the actor intentionally or knowingly:
67(a) engages in a course of conduct directed at a specific individual and knows or is
68reckless as to whether the course of conduct would cause a reasonable person:
69(i) to fear for the individual's own safety or the safety of a third individual; or
70(ii) to suffer other emotional distress; or
71(b) violates:
72(i) a stalking injunction issued under Title 78B, Chapter 7, Part 7, Civil Stalking
73Injunctions; or
74(ii) a permanent criminal stalking injunction issued under Title 78B, Chapter 7, Part 9,
75Criminal Stalking Injunctions.
76   (3)(a) [A ] Except as provided in Subsection (3)(b) or (c), a violation of Subsection (2) is
77a class A misdemeanor:
78(i) upon the actor's first violation of Subsection (2); or
79(ii) if the actor violated a stalking injunction issued under Title 78B, Chapter 7, Part 7,
80Civil Stalking Injunctions.
81(b) [Notwithstanding Subsection (3)(a)] Except as provided in Subsection (3)(c), a
82violation of Subsection (2) is a third degree felony if the actor:
83(i) has been previously convicted of an offense of stalking;
84(ii) has been previously convicted in another jurisdiction of an offense that is
85substantially similar to the offense of stalking;
86(iii) has been previously convicted of any felony offense in Utah or of any crime in
87another jurisdiction which if committed in Utah would be a felony, in which the
88victim of the stalking offense or a member of the victim's immediate family was
89also a victim of the previous felony offense;
90(iv) violated a permanent criminal stalking injunction issued under Title 78B,
91Chapter 7, Part 9, Criminal Stalking Injunctions; or
92(v) has been or is at the time of the offense a cohabitant, as defined in Section
9378B-7-102, of the victim.
94(c) [Notwithstanding Subsection (3)(a) or (b), a ] A violation of Subsection (2) is a
95second degree felony if the actor:
96(i) [used a dangerous weapon or used other means or force likely to produce death or
97serious bodily injury, ]in the commission of the [crime of stalking;] violation of
98Subsection (2):
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99(A) used a dangerous weapon or used other means or force likely to produce death
100or serious bodily injury; or
101(B) entered, under circumstances that the actor knew were unlawful, the victim's
102dwelling;
103(ii) has been previously convicted two or more times of the offense of stalking;
104(iii) has been convicted two or more times in another jurisdiction or jurisdictions of
105offenses that are substantially similar to the offense of stalking;
106(iv) has been convicted two or more times, in any combination, of offenses under
107Subsection (3)(b)(i), (ii), or (iii);
108(v) has been previously convicted two or more times of felony offenses in Utah or of
109crimes in another jurisdiction or jurisdictions which, if committed in Utah, would
110be felonies, in which the victim of the stalking was also a victim of the previous
111felony offenses; or
112(vi) has been previously convicted of an offense under Subsection (3)(b)(iv) or (v).
113  (4) In a prosecution under this section, it is not a defense that the actor:
114      (a) was not given actual notice that the course of conduct was unwanted; or
115      (b) did not intend to cause the victim fear or other emotional distress.
116  (5) An offense of stalking may be prosecuted under this section in any jurisdiction where
117      one or more of the acts that is part of the course of conduct was initiated or caused an
118      effect on the victim.
119  (6)(a) Except as provided in Subsection (6)(b), an actor does not violate this section if:
120(i) the actor is acting:
121(A) in the actor's official capacity as a law enforcement officer, governmental
122investigator, or private investigator; and
123(B) for a legitimate official or business purpose; or
124(ii)(A) the actor is the owner of a business;
125(B) the actor engages in a course of conduct that is reasonable and necessary to
126protect the actor's ownership interest in the business;
127(C) the conduct is not directed at a cohabitant, as that term is defined in Section
12878B-7-102; and
129(D) the actor's conduct does not violate any other provision of this code.
130      (b) A private investigator is not exempt from this section if the private investigator
131engages in conduct that would constitute a ground for disciplinary action under
132Section 53-9-118.
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133   (7)(a) A permanent criminal stalking injunction limiting the contact between the actor
134and victim may be filed in accordance with Section 78B-7-902.
135(b) This section does not preclude the filing of criminal information for stalking based
136on the same act [which] that is the basis for the violation of the stalking injunction
137issued under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions, or a permanent
138criminal stalking injunction issued under Title 78B, Chapter 7, Part 9, Criminal
139Stalking Injunctions.
140   (8)(a) A law enforcement officer who responds to an allegation of stalking shall use all
141reasonable means to protect the victim and prevent further violence, including:
142(i) taking action that, in the officer's discretion, is reasonably necessary to provide for
143the safety of the victim and any family or household member;
144(ii) confiscating the weapon or weapons involved in the alleged stalking;
145(iii) making arrangements for the victim and any child to obtain emergency housing
146or shelter;
147(iv) providing protection while the victim removes essential personal effects;
148(v) arranging, facilitating, or providing for the victim and any child to obtain medical
149treatment; and
150(vi) arranging, facilitating, or providing the victim with immediate and adequate
151notice of the rights of victims and of the remedies and services available to
152victims of stalking, in accordance with Subsection (8)(b).
153(b)(i) A law enforcement officer shall give written notice to the victim in simple
154language, describing the rights and remedies available under this section and Title
15578B, Chapter 7, Part 7, Civil Stalking Injunctions.
156(ii) The written notice shall also include:
157(A) a statement that the forms needed in order to obtain a stalking injunction are
158available from the court clerk's office in the judicial district where the victim
159resides or is temporarily domiciled; and
160(B) a list of shelters, services, and resources available in the appropriate
161community, together with telephone numbers, to assist the victim in accessing
162any needed assistance.
163(c) If a weapon is confiscated under this Subsection (8), the law enforcement agency
164shall return the weapon to the individual from whom the weapon is confiscated if a
165stalking injunction is not issued or once the stalking injunction is terminated.
166Section 2. Effective Date.
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167  This bill takes effect on May 6, 2026.
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