American Samoa Stalking Laws


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A.S. Ann.§ 46.3501. Definitions. (2010)

The following definitions are applicable in this chapter unless the context otherwise requires:

(a) "Criminal homicide" means conduct which causes the death of a person under circumstances constituting murder in the 1st or 2nd degree, manslaughter, or criminally negligent homicide.

(b) "Person", when referring to the victim of a homicide, means a human being who had been born and was alive at the time of the homicidal act.

(c) "Course of conduct" means following by maintaining visual or physical proximity to a specific person or directing verbal, written or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short, but does not include constitutionally protected activity.

(d) "Immediate family member" means a spouse, parent, child or sibling or any other person who regularly resides in a person's household or resided in a person's household within the past six months.

A.S. Ann.§ 46.3525. Stalking. (2010)

(a) A person commits the crime of stalking if he purposely or knowingly engages in a course of conduct that is directed toward another person and that conduct:

(1) causes reasonable fear of harm to the physical health, safety, or property of such person, a member of his immediate family, or a third party with whom he is acquainted; or

(2) causes harm to the mental or emotional health of such person after the actor was previously clearly informed to cease that conduct; or

(3) is likely to cause such person to reasonably fear that his employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at his place of employment or business, and the actor was previously clearly informed to cease that conduct.

(b) Stalking is a class B misdemeanor, unless the offense was committed when there is a temporary restraining order or an injunction, or both, or any other court order in effect prohibiting the conduct by the offender, then it is a Class A misdemeanor.