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PETERSEN v. STATE12/20/1996
In these consolidated appeals, the three defendants challenge the constitutionality of Alaska's stalking statutes, AS 11.41.260 and AS 11.41.270. As explained below, we conclude that the statutes do not violate the Constitution, and thus we affirm the defendants' convictions.
Facts of the Case: Petersen
In 1989, Gary W. Petersen began receiving massage therapy at the Gatekey health center in Anchorage. One of the therapists who treated Petersen was R.H., an apprentice therapist at the health center. Eventually, Petersen chose R.H. as his exclusive massage therapist. Later in 1989, R.H. completed her apprenticeship at Gatekey and took a job as a massage therapist at the Kanady Chiropractic Clinic. To continue receiving massage treatments from R.H., Petersen began to patronize the Kanady Clinic. By the spring of 1990, Petersen began making frequent appearances at the Kanady Clinic, sometimes showing up to visit with R.H. even when he did not have an appointment.
In June 1990, R.H. married. She sent Petersen an invitation to the wedding, but he did not attend. In late 1990, R.H. invited Petersen to a New Year's Eve party at her home. In conjunction with this invitation, R.H. provided Petersen with her home telephone number and a map showing directions to her home. Petersen made a brief appearance at the party and then left.
On one occasion in 1991, Petersen showed up unexpectedly at R.H.'s home, telling her he had come by because he was "worried" about her. R.H. was uncomfortable with Petersen's uninvited visit, so she told him that she was busy. Petersen left.
Several times during the winter and spring of 1991, Petersen showed up at the Kanady Clinic just as R.H. was leaving work. According to R.H., Petersen "invited himself" to join her evening activities on those occasions (viewing ice sculptures, going to see a movie, going to a folk festival, eating dinner at a restaurant). R.H. felt "annoyed intruded upon" because Petersen kept showing up at the clinic as she left work, but she allowed Petersen to come along on outings because she "felt sorry for him".
However, R.H. grew increasingly uncomfortable as Petersen began to "show up everywhere". Petersen began visiting the Kanady Clinic several times a day, generally with no appointment. R.H. also began to see Peterson at fairs and other public places, and she often found him at the Carrs grocery in Eagle River. (This store was near R.H.'s house, but Petersen lived in Anchorage.)
R.H. began telling relatives and friends of her discomfort with Petersen's behavior. She informed her employer , Dr. Kanady, that she no longer wished to see Petersen as a patient because "his behavior was inappropriate". R.H. eventually confronted Petersen, telling him that his behavior was making her uncomfortable and that she wanted him to start seeing a different therapist at the clinic. Dr. Kanady also met with Petersen; Kanady told Petersen that R.H. was no longer comfortable serving as his therapist, and he referred Petersen to a different massage therapist at the clinic. Despite these conversations, R.H. continued to encounter Petersen at public events and observe him outside the clinic.
On June 1, 1991, R.H. attended a rodeo with her children. She saw Petersen as she entered the gate, so she sat at the far end of
the bleachers to avoid him. Petersen came over to where R.H. and her children were sitting; he asked if he could sit with them. R.H. told Petersen he could not — that she didn't want to have any contact with him, and that she wanted him to leave. Petersen nevertheless took a seat near R.H.; he came over to R.H. three times, demanding to know why R.H
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