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State v. Simone

New Hampshire Supreme Court

887 A.2d 135 (2005)

Relevant factsFree

Coral Olson, a census worker, met Simone (defendant) while conducting a survey and gave him her business card with her home phone number; after the survey ended, Simone began repeatedly calling her, expressing romantic interest, which Olson rejected, telling him she was married and to stop contacting her. Simone continued calling despite police involvement and a protective order Olson obtained, sending numerous packages to her home and continuing calls and messages until June 2003; he admitted anger toward Olson, stated he knew he would die in jail, and confessed to "serious personal problems." Olson testified she "lives in fear every day" and could not predict what Simone would do next, and she frequently contacted police about his conduct. Simone was convicted of stalking and appealed, arguing insufficient evidence that his conduct would cause a reasonable person to fear for his or her safety or that it actually caused Olson to fear for hers.

IssueFree

Whether a person is guilty of stalking if he or she knowingly engages in a course of conduct that would cause a reasonable person to fear for his or her safety, and that conduct actually causes the targeted person to fear for his or her safety.

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