| Also see: |
| No Current Civil Stalking Law |
| No Current Case Law on
Stalking |
| Idaho
Resources |
Idaho
This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.
Idaho Code § 18-7905. Stalking in the first degree.
(2004)
(1) A person commits the crime of
stalking
in the first degree if the person violates section
18-7906, Idaho
Code, and:
(a) Th
e
actions constituting the offense are in violation of a temporary restraining
order, protection order, no contact order or injunction, or any combination
thereof; or
(b)
The
actions constituting the offense are in violation of a condition of probation or
parole; or
(c)
The
victim is under the age of sixteen (16) years; or
(d)
At any
time during the course of conduct constituting the offense, the defendant
possessed a deadly weapon or instrument; or
(e)
The
defendant has been previously convicted of a crime under this section or section
18-7906, Idaho
Code, or a substantially conforming foreign criminal violation within
seven (7) years, notwithstanding the form of the judgment or withheld judgment;
or
(f)
The
defendant has been previously convicted of a crime, or an attempt, solicitation
or conspiracy to commit a crime, involving the same victim as the present
offense under any of the following provisions of Idaho Code
or a substantially conforming foreign criminal violation within seven (7) years,
notwithstanding the form of the judgment or withheld
judgment:
(i)
Chapter
9, title 18;
(ii)
Chapter
15, title 18;
(iii)
Chapter
61, title 18;
(iv)
Section
18-4014 (administering poison with intent to kill);
(v)
Section
18-4015 (assault with intent to murder);
(vi)
Section
18-4501 (kidnapping);
(vii)
Section
18-5501 (poisoning);
(viii)
Section
18-6608 (forcible sexual penetration by use of foreign
object);
(ix)
Section
18-7902 (malicious harassment); or
(x)
Section
18-8103 (act of terrorism).
(2) In this section, "course of
conduct" and "victim" have the meanings given in section
18-7906(2), Idaho
Code.
(3) For the purpose of this section, a
"substantially conforming foreign criminal violation" exists when a person has
pled guilty to or has been found guilty of a violation of any federal law or law
of another state, or any valid county, city, or town ordinance of another state
substantially conforming to the provisions of this section or section
18-7906, Idaho
Code. The determination of whether a foreign criminal violation is
substantially conforming is a question of law to be determined by the
court.
(4) Stalking in the first degree is a felony
punishable by a fine not exceeding ten thousand dollars ($ 10,000) or
imprisonment in the state prison for not less than one (1) year nor more than
five (5) years, or by both such fine and imprisonment.
Idaho Code § 18-7906. Stalking in the second degree.
(2004)
(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 Code § 18-6710. Use of telephone to annoy, terrify,
threaten, intimidate, harass or offend by lewd or profane language, requests,
suggestions or proposals -- Threats of physical harm -- Disturbing the peace by
repeated calls – Penalties. (1994)
(1) Every person who, with intent to
annoy, terrify, threaten, intimidate, harass or offend, telephones another and
(a) addresses to or about such person any obscene, lewd or profane language, or
makes any request, suggestion or proposal which is obscene, lewd, lascivious or
indecent; or (b) addresses to such other person any threat to inflict injury or
physical harm to the person or property of the person addressed or any member of
his family, or any other person; or (c) by repeated anonymous or identified
telephone calls whether or not conversation ensues, disturbs the peace or
attempts to disturb the peace, quiet, or right of privacy of any person at the
place where the telephone call or calls are received, is guilty of a misdemeanor
and upon conviction thereof, shall be sentenced to a term of not to exceed one
(1) year in the county jail. Upon a second or subsequent conviction, the
defendant shall be guilty of a felony and shall be sentenced to a term of not to
exceed five (5) years in the state penitentiary.
(2) The use of obscene, lewd or
profane language or the making of a threat or obscene proposal, or the making of
repeated anonymous telephone calls as set forth in this section may be prima
facie evidence of intent to annoy, terrify, threaten, intimidate, harass or
offend.
For
the purposes of this section, the term "telephone" shall mean any device which
provides transmission of messages, signals, facsimiles, video images or other
communication between persons who are physically separated from each other by
means of telephone, telegraph, cable, wire or the projection of energy without
physical connection.
Idaho Code §18-6711. Use of telephone to terrify,
intimidate, harass or annoy by false statements -- Penalties. (1994)
(1)
Every
person who telephones another and knowingly makes any false statements
concerning injury, death, disfigurement, indecent conduct or criminal conduct of
the person telephoned or any member of his family, with intent to terrify,
intimidate, harass or annoy the called person, is guilty of a misdemeanor. Upon
a second or subsequent conviction of the violation of the provisions of this
section, the defendant shall be guilty of a felony.
(2)
The
making of a false statement as herein set out may be prima facie evidence of
intent to terrify, intimidate, harass or annoy.
For
the purposes of this section, the term "telephone" shall mean any device which
provides transmission of messages, signals, facsimiles, video images or other
communication between persons who are physically separated from each other by
means of telephone, telegraph, cable, wire or the projection of energy without
physical connection.