CRIMES AND PUNISHMENTS
CHAPTER 79
MALICIOUS HARASSMENT
18-7906.Stalking in the second degree. (1) A person commits the crime of stalking
in the second degree if the person knowingly and maliciously:
(a) Engages
in a course of conduct that seriously alarms, annoys or harasses the
victim and is such as would cause a reasonable person substantial
emotional distress; or
(b) Engages
in a course of conduct such as would cause a reasonable person to
be in fear of death or physical injury, or in fear of the death or
physical injury of a family or household member.
(2) As used
in this section:
(a) "Course
of conduct" means repeated acts of nonconsensual contact involving
the victim or a family or household member of the victim, provided
however, that constitutionally protected activity is not included
within the meaning of this definition.
(b) "Family
or household member" means:
(i) A
spouse or former spouse of the victim, a person who has a child in
common with the victim regardless of whether they have been married,
a person with whom the victim is cohabiting whether or not they have
married or have held themselves out to be husband or wife, and persons
related to the victim by blood, adoption or marriage; or
(ii) A person
with whom the victim is or has been in a dating relationship, as defined
in section 39-6303, Idaho
Code; or (iii) A person
living in the same residence as the victim.
(c) "Nonconsensual
contact" means any contact with the victim that is initiated
or continued without the victim’s consent, that is beyond the
scope of the consent provided by the victim, or that is in disregard
of the victim’s expressed desire that the contact be avoided
or discontinued. "Nonconsensual contact" includes, but is
not limited to:
(i) Following
the victim or maintaining surveillance, including by electronic means,
on the victim;
(ii) Contacting
the victim in a public place or on private property;
(iii) Appearing
at the workplace or residence of the victim;
(iv) Entering
onto or remaining on property owned, leased or occupied by the victim;
(v) Contacting
the victim by telephone or causing the victim’s telephone to
ring repeatedly or continuously regardless of whether a conversation
ensues;
(vi) Sending
mail or electronic communications to the victim; or
(vii) Placing
an object on, or delivering an object to, property owned, leased or
occupied by the victim.
(d) "Victim"
means a person who is the target of a course of conduct.
(3) Stalking
in the second degree is punishable by imprisonment in the county jail
for not more than one (1) year or by a fine of not more than one thousand
dollars ($1,000), or by both such fine and imprisonment.
Idaho Statutes