Sharpnack, S.J.
Steven M. Sandleben appeals his conviction and sentence for stalking, a Class D felony. Ind. Code § 35-45-10-5 (2002). We affirm.
. . . .
The evidence in this case shows that within minutes of A.S. entering a Target store in August 2012, Sandleben began following her. At times, he got close enough to touch A.S. and followed her from aisle to aisle and from section to section. A.S. testified at trial that Sandleben did not appear to be shopping because he would “pick up something but [ ] when I would move he would quickly set it down and follow.” Trial Tr., Vol. III, p. 121. A.S.’s father noticed that Sandleben began following A.S. as soon as they entered the store. A.S.’s father did his own shopping and then rejoined his wife and daughters approximately fifteen minutes later. At that time he noticed that Sandleben was still following A.S. A.S.’s father testified that Sandleben did not have a shopping cart or basket and was walking past A.S. within arm’s length. A.S.’s father watched Sandleben take out a small camera and take video as he went past A.S. A.S. testified that Sandleben is a complete stranger and that his actions made her scared and nervous. Id. at 117, 122. A.S.’s father contacted the store manager who asked Sandleben to leave the store.
The evidence also shows that the following May A.S. and her family entered a Michaels store. Sandleben was there and began following A.S. throughout the store. A.S. testified that her father pointed out Sandleben, and she recognized him as the same man from Target the previous August. Again, Sandleben followed A.S. from section to section in the store. A.S.’s father testified that Sandleben again had a small camera in his hand as he followed her. A.S.’s father called 911, and officers arrived to investigate. A.S. testified that Sandleben’s actions made her “nervous and scared again.” Id. at 127. Thus, the evidence shows that Sandleben intentionally engaged in a course of conduct that involved repeated and continual harassment of A.S. in both Target and Michaels by intentionally following her and taking video of her throughout both stores, causing A.S. to feel terrorized, frightened, intimidated, or threatened.
. . . .
Turning to the state constitutional claim, article I, section 9 of the Indiana Constitution provides that “[n]o law shall be passed, restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever: but for the abuse of that right, every person shall be responsible.” Indiana courts have employed a two-step analysis when addressing article I, section 9 claims. Ogden v. Robertson, 962 N.E.2d 134, 141 (Ind. Ct. App. 2012), trans. denied. In the first step of the analysis, we must decide whether the state action has restricted a claimant’s expressive activity. Id. Second, if it has, we must determine whether the restricted activity constitutes an “abuse” of the right to speak. Id.
First, it was not Sandleben’s act of videotaping that formed the basis for the stalking charge that he claims unconstitutionally restricted his right to speak. Rather, his intentional, repeated acts of harassing A.S. by following her were the basis for the stalking charge. His repeated acts of following A.S. in no way implicated his right to speak. Thus, on this basis alone, we determine that Sandleben’s right to speak was not restricted. Nonetheless, we review his claim that his acts were expressive activity that is constitutionally protected.
In determining, under the first step of the analysis, whether the state action has restricted a claimant’s expressive activity, we look to whether the state has imposed a direct and significant burden on a person’s opportunity to speak his mind, in whatever manner he deems most appropriate. Whittington v. State, 669 N.E.2d 1363, 1368 (Ind. 1996). As we noted above, the evidence shows that Sandleben was charged with stalking after closely following a teenage girl section by section and aisle by aisle through two different stores on two different occasions and videotaping her as he followed her. First, we note that
the acts of videotaping and following someone are nonexpressive. Moreover, Sandleben cites to no legal authority in support of his contention that his constitutionally protected right to expressive activity encompasses following and surreptitiously videotaping a teenage girl in close proximity as she attempted to shop with her family on two different occasions. Thus, there is no evidence to establish that Sandleben was engaging in an expressive activity, and, therefore, we need not address the second step of the analysis. There was sufficient evidence to support his conviction.
May, J., and Mathias, J., concur.