As noted, the Stalking statute’s purpose is to sweep so broadly as to capture
the mentally ill who do not intend to cause fear of harm to another. Daniel asserts
that the broad sweep of this statute, the deliberate attempt to criminalize the
conduct of mentally ill, and the absence of threats of harm or making any effort to
come within proximity of Ms. Courter in 2012, all are factors that bring this 45
year sentence within the purview of Art. I, § 17 of the Iowa Constitution, which
prohibits cruel and unusual punishment.
As previously noted, Daniel’s conduct in 2012 was viewed as irritating and obnoxious and detrimental by Ms. Courter,
but it included no violence or even threats of violence. Daniel did not touch Ms. Courter, or even come within the borders of the
State of Iowa.
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