(a) Definitions
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As used in this section:
(1) "Course of conduct" means a pattern of conduct composed of a series of two or more separate noncontinuous acts, evidencing a continuity of purpose.
(2) "Emotional distress" means significant mental suffering or distress that may, but not necessarily, require medical or other professional treatment or counseling.
(3) "Harassment" means 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.
(4) "Stalking" means 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.
(5) "Unconsented contact" means any 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 the work place or residence of that individual.
D. Entering onto or remaining on property owned, leased or occupied by that individual.
E. Sending mail or electronic communications to that individual.
F. Placing an object on, or delivering an object to, property owned, leased or occupied by that individual.
(6) "Victim" means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.
(b) Stalking Prohibited. No person shall engage in 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.
(c) Rebuttable Presumption. In a prosection 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, shall give 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.
(Ord. 302. Passed 6-13-94.)