What the statute says[1] is "the intent to kill, injure, harass, intimidate, OR place under surveillance with intent to kill, injure, harass, or intimidate another person."

The affidavit in the complaint does say "AND" but maybe that's just a calculated legal ploy, where they can still fall back on the "OR" of the actual statute?

1: https://www.law.cornell.edu/uscode/text/18/2261A