Stalking
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)
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:
(1)
Chapter 9, title
18;
(2)
Chapter 15, title
18;
(3)
Chapter 61, title
18;
(4)
Section 18-4014 (administering
poison with intent to kill);
(5)
Section 18-4015 (assault with
intent to murder);
(6)
Section 18-4501
(kidnapping);
(7)
Section 18-5501
(poisoning);
(8)
Section 18-6608 (forcible sexual
penetration by use of foreign object);
(9)
Section 18-7902 (malicious
harassment); or
(10)
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:
(1)
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
(2)
A
person with whom the victim is or has been in a dating relationship, as
defined in section
39-6303, Idaho
Code; or
(3)
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:
(1)
Following the victim or
maintaining surveillance, including by electronic means, on the
victim;
(2)
Contacting the victim in a
public place or on private property;
(3)
Appearing at the workplace or
residence of the victim;
(4)
Entering onto or remaining on
property owned, leased or occupied by the victim;
(5)
Contacting the victim by
telephone or causing the victim's telephone to ring repeatedly or continuously
regardless of whether a conversation ensues;
(6)
Sending mail or electronic
communications to the victim; or
(7)
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.
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Related
Offenses
Idaho Code §
18-6609. Crime of video voyeurism. (2004)
(1)
As
used in this section:
(a)
"Broadcast" means the electronic
transmittal of a visual image with the intent that it be viewed by a person or
persons.
(b)
"Disseminate" means to make
available by any means to any person.
(c)
"Imaging device" means any
instrument capable of recording, storing, viewing or transmitting visual
images.
(d)
"Intimate areas" means the
buttocks, genitals or genital areas of males or females, and the breast area
of females.
(e)
"Person" means any natural
person, corporation, partnership, firm, association, joint venture or any
other recognized legal entity or any agent or servant
thereof.
(f)
"Place where a person has a
reasonable expectation of privacy" means:
(i)
A
place where a reasonable person would believe that he could undress, be
undressed or engage in sexual activity in privacy, without concern that he is
being viewed, photographed, filmed or otherwise recorded by an imaging device;
or
(ii)
A
place where a person might reasonably expect to be safe from casual or hostile
surveillance by an imaging device; or
(iii)
Any
public place where a person, by taking reasonable steps to conceal intimate
areas, should be free from the viewing, recording, storing or transmitting of
images obtained by imaging devices designed to overcome the barriers created
by a person's covering of intimate areas.
(g)
"Publish" means
to:
(i)
Disseminate with the intent that
such image or images be made available by any means to any person;
or
(ii)
Disseminate with the intent that
such images be sold by another person; or
(iii)
Post,
present, display, exhibit, circulate, advertise or allow access by any means
so as to make an image or images available to the public;
or
(iv)
Disseminate with the intent that
an image or images be posted, presented, displayed, exhibited, circulated,
advertised or made accessible by any means and to make such image or images
available to the public.
(h)
"Sell" means to disseminate to
another person, or to publish, in exchange for something of
value.
(2)
A
person is guilty of video voyeurism when, with the intent of arousing,
appealing to or gratifying the lust or passions or sexual desires of such
person or another person, or for his own or another person's lascivious
entertainment or satisfaction of prurient interest, or for the purpose of
sexually degrading or abusing any other person:
(a)
He
uses, installs or permits the use or installation of an imaging device at a
place where a person would have a reasonable expectation of privacy, without
the knowledge or consent of the person using such place;
or
(b)
He
intentionally disseminates, publishes or sells any image or images of the
intimate areas of another person or persons without the consent of such other
person or persons and with knowledge that such image or images were obtained
with the intent set forth above.
(3)
A violation of this section is a
felony.
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.
(3) 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
(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.
(3) 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.
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