The following terms shall apply to this chapter as written unless context indicates or requires a different meaning:
COURSE OF CONDUCT: | 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. |
FAMILY OR HOUSEHOLD MEMBER: | A. 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 B. A person with whom the victim is or has been in a dating relationship, as defined in section 39-6303, Idaho Code; or C. A person living in the same residence as the victim. |
FOLLOWS OR FOLLOWING: | Deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person's home, school, place of employment, business, or any other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another. |
MALICIOUSLY: | A. The course of conduct has the purpose or effect of unreasonably interfering with the victim's privacy or the purpose or effect of creating an intimidating, hostile, or offensive living environment for the victim; B. The victim has given clear notice that contact is unwanted; and C. The course of conduct is not necessary to enforce the law or meet specific statutory requirements. |
NONCONSENSUAL CONTACT: | 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: A. Following the victim or maintaining surveillance, including by electronic means, on the victim; B. Contacting the victim in a public place or on private property; C. Appearing at the workplace or residence of the victim; |
D. Entering onto or remaining on property owned, leased or occupied by the victim; E. Contacting the victim by telephone or causing the victim's telephone to ring repeatedly or continuously regardless of whether a conversation ensues; F. Sending mail or electronic communications to the victim; or G. Placing an object on, or delivering an object to, property owned, leased or occupied by the victim. | |
VICTIM: | A person who is the target of a course of conduct. |
REPEATED OR REPEATEDLY: | On two or more separate occasions. (Ord. 168, 8-13-2020) |