In October of 2001, Arnold observed a woman at her door. When she opens the door, Evans was hiding in front of the woman and then asked Arnold for a glass of water. Arnold told Evans to get off of her property while slamming the door in his face. Arnold attempted to get the license plate of the vehicle that Evans was driving while calling the police. This incident was used to prove that Evans was stalking Arnold. Evans had been arrested and tried on by jury for first offense stalking and three counts of first-degree harassment. The charges of harassment were enhanced to the first degree because Evans had been convicted of harassment four times prior. Evans was convicted by the jury of stalking and two counts of first-degree harassment. He was sentenced to two years in prison for each conviction, to serve consecutively, with $3000 in fines. Evans appealed the conviction because there was insufficient evidence to support convictions. The courts violated his first amendment rights. There was extreme prejudice, so he demanded a change of venue and his sentence was …show more content…
As it relates to harassment, which is “when a person purposely and without legitimate purpose, has personal contact with another person, with the intent to threaten, intimidate or alarm that other person” (State v Evans, 2003). Evans claimed that at no time did he threaten Arnold he only wanted her to take pictures. The courts advised that threaten the victim is not a necessary element of the harassment statute. However, there is substantial evidence that proves Evans intended to alarm or intimidate Arnold. Starting with when he showed up to her home uninvited on August 31 and asking her to play a dominant role in a picture. Evans behavior would easily cause Arnold to feel frightened or in danger. This act was proven when Evans showed up to Arnold’s home in women’s shoes with red toenails. This behavior would be alarming and bizarre. The elements of stalking were met when Evans continued with his persistent questioning which was sexual in nature. This conduct continued with the unexpected encounters at Arnold’s home. Evans purposely engaged in the course of conduct that would reasonably put in person in fear of bodily injury. Evans behavior began to escalate in which Arnold she had to flee from Evans. Given Evans repeated attempts to photograph Arnold, her immediate refusals and the bizarre sexual nature of