(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COURSE OF CONDUCT. A pattern of conduct composed of 2 or more separate noncontinuous acts evidencing a continuity of purpose.
EMOTIONAL DISTRESS. Significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.
HARASSMENT. Conduct directed toward a victim that includes but is not limited to repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. HARASSMENT does not include constitutionally protected activity or conduct that serves a legitimate purpose.
STALKING. A willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed or molested.
UNCONSENTED CONTACT. Contact with another individual that is initiated or continued without that individual’s consent or in disregard of that individual’s expressed desire that the contact be avoided or discontinued. UNCONSENTED CONTACT includes but is not limited to any of the following:
(a) Following or appearing within the sight of that individual;
(b) Approaching or confronting that individual in a public place or on private property;
(c) Appearing at that individual’s workplace or residence;
(d) Entering onto or remaining on property owned, leased or occupied by that individual;
(e) Contacting that individual by telephone;
(f) Sending mail or electronic communications to that individual; or
(g) Placing an object on or delivering an object to property owned, leased or occupied by that individual.
VICTIM. An individual who is the target of a willful course of conduct involving repeated or continuing harassment.
(B) Prohibited conduct. It shall be unlawful for any person to engage in stalking.
(C) Presumption. In a prosecution for a violation of this section, evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact with the victim after having been requested by the victim to discontinue the same or a different form of unconsented contact, and to refrain from any further unconsented contact with the victim, gives rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed or molested.
(D) Effective date. This section shall take effect 30 days after date of publication.
(Ord. 374.6, passed 1-9-2003) Penalty, see § 132.99