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Stalking

Stalking involves repeated, unwanted attention or surveillance that causes fear or distress. Many legal frameworks criminalize stalking behavior and offer protection orders and remedies.

2007(A) No. 1961

The accused was charged with the act of stalking a female customer at a shopping mall, taking photographs of her buttocks in trousers with his cellular phone with a built-in digital camera from a close distance.  The court held that this act constituted an obscene act making a victim feel embarrassed or insecure under the Hokkaido Prefecture Ordinance on Prevention of Violent Public Nuisance No. 34 of 1965, which criminalizes obscene behavior.

Alaska Statutes § 11.61.123 Indecent Viewing and Production

Alaska Stat. § 11.61.123 makes it a crime to knowingly view, or to produce a picture of, the private exposure of another’s genitals, anus, or female breast, without proper consent or statutory authority. Each instance of viewing or each creation of an image is treated as a separate offense. The statute excludes conduct by law enforcement while acting under their authority for law enforcement purposes. It provides as an affirmative defense of lawful security surveillance with posted notice or photography undertaken solely for crime prevention or prosecution.

Alaska Statutes § 21.36.430 Insurance Protections for Survivors

Alaska Stat. § 21.36.430 protects individuals who have experienced domestic violence, as well as those who provide services to such individuals, from discriminatory treatment by insurers. Under this statute, an insurer may not deny, cancel, refuse to renew, limit coverage, deny a valid claim, or raise premiums solely on the basis of a person’s status as a domestic violence survivor or service provider.

Baudžiamasis Kodeksas (Criminal Code)

Under the Criminal Code, rape is defined quite narrowly as “sexual intercourse against a person’s will with the use or threat of physical violence present or deprivation of possibility of resistance.” There is also no mention of rape in marriage. To hold a person liable for rape, which is punished by imprisonment for up to seven years, the victim or their representative must file a complaint. However, in the case of rape (i) by a group of accomplices or (ii) of a minor or a young child, the term of imprisonment can be longer, and complaint filing is not needed.

Beklagter gegen Kläger; Österreichischer Oberster Gerichtshof; Entscheidung vom 22. März 2023 - 7 Ob 38/23y (surveillance)

Applicant v. Respondent; Austrian Supreme Court (Oberster Gerichtshof); decision dated March 22, 2023 - 7 Ob 38/23y

The systematic and covert technical surveillance of a spouse’s highly personal area of life, resulting in psychological stress, justifies the issuance of a temporary injunction against the spouse pursuant to Section 382c and Section 382d Execution Order (Exekutionsordnung - EO).

Campus Sexual Assault, Dating Violence, Domestic Violence, and Stalking Prevention and Response Act, N.Y. S5965

The Campus Sexual Assault, Dating Violence, Domestic Violence, and Stalking Prevention and Response Act modernizes New York State's sexual-assault response programs by requiring all New York State colleges and universities to adopt uniform policies for preventing and responding to sexual assault, dating violence, domestic violence, and stalking. It mandates a comprehensive system of definitions, rights, procedures, and reporting obligations that apply to every institution chartered by the Regents or created by legislative act.

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