Bill redefines stalking, strangulation as felonies

The Commonwealth law against domestic violence is getting a second look at the Legislature.

House Speaker Rafael Demapan (R-Saipan) believes the justice system’s response to domestic violence in the CNMI must be improved.

In particular, Demapan, who authored House Bill 20-14, wants stricter laws against strangulation and stalking.

Saipan Tribune archives show 11 stories related to domestic violence from August 2017 to October 2017 alone.

Strangulation, which is deemed by HB 20-14 one of the most lethal forms of domestic violence, is currently only charged as a form of battery, in which the penalties are “not sufficient to reflect the severity of this offense,” according to Demapan’s bill, which passed the Senate unanimously during a session last week.

Threats and intimidation, the two weapons perpetrators of domestic violence use to prevent victims from testifying in court against them, should not be rewarded, the bill added.

HB 20-14 would punish domestic violence perpetrators who opt to use strangulation as their weapon of choice with a prison sentence of up to seven years.

The defendant need not necessarily intend to “injure or kill the victim.”

“The only intent required is the intent to strangle or attempt to strangle,” the bill states, after redefining strangulation as a felony instead of a battery offense.

Stalking is also being revisited. According to HB 20-14, stalking is purposefully engaging in two or more acts that would cause a person to fear for his or her safety or cause him or her to suffer emotional distress.

It is not enough to say that the stalker did not mean to scare the victim. “…It shall not be a defense that the [stalker] was not given actual notice that the course of conduct was unwanted or the actor did not intend to cause the victim fear or other emotional distress,” states part of the bill.

HB 20-14 defines stalking in the first degree as anyone who does the previously mentioned and violates any order prohibiting contact with the victim; or if the defendant was convicted of stalking any person within the previous 10 years; or if the defendant used force or a weapon or threatened to use such; or if the victim is a minor.

Stalking in the second degree is recognized if the defendant did not violate any of the mentioned violations but meets the definition of stalking.

Stalking in the first degree is a felony punishable by imprisonment of up to four years, by a fine of up to $2,000, or both. Stalking in the second degree is a felony punishable by up to one year of imprisonment, by a fine of up to $1,000, or both.

H.B. 20-14 now heads to Gov. Ralph DLG Torres for enactment.