(a) 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 does not necessarily, require medical or other professional treatment or counseling.
(3) "Harassment" means conduct directed toward a victim, including, but 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. The term "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. The term "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 workplace or residence of that individual.
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.
G. 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) No person shall engage in stalking, as defined in subsection (a) hereof.
(c) In addition to the penalty provided in Section 664.99(b), the court may place an individual convicted of violating subsection (b) hereof on probation for a term of not more than five years. If a term of probation is ordered, the court may, in addition to any other lawful condition of probation, order the defendant to do any of the following:
(1) Refrain from stalking any individual during the term of probation.
(2) Refrain from having any contact with the victim of the offense.
(3) Be evaluated to determine the need for psychiatric, psychological or social counseling and, if determined appropriate by the court, to receive psychiatric, psychological or social counseling at his or her own expense.
(d) 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, 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.
(e) The criminal penalty provided for in Section 664.99(b) may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.
(Ord. 557. Passed 5-18-94.)