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H0573................................by JUDICIARY, RULES AND ADMINISTRATION
STALKING - Repeals and adds to existing law to provide for the crime of
stalking in the first degree and second degree; to define terms; and to set
forth punishment.
01/28 House intro - 1st rdg - to printing
01/29 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 573
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE CRIME OF STALKING; AMENDING SECTION 18-920, IDAHO CODE, TO
3 PROVIDE A CODE REFERENCE; REPEALING SECTION 18-7905, IDAHO CODE, RELATING
4 TO STALKING; AMENDING CHAPTER 79, TITLE 18, IDAHO CODE, BY THE ADDITION OF
5 A NEW SECTION 18-7905, IDAHO CODE, TO PROVIDE FOR THE CRIME OF STALKING IN
6 THE FIRST DEGREE, TO DEFINE TERMS AND TO SET FORTH PUNISHMENT; AMENDING
7 CHAPTER 79, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
8 18-7906, IDAHO CODE, TO PROVIDE FOR STALKING IN THE SECOND DEGREE, TO
9 DEFINE TERMS AND TO SET FORTH PUNISHMENT; AND AMENDING SECTION 19-603,
10 IDAHO CODE, TO PROVIDE A CODE REFERENCE AND DESCRIPTIVE LANGUAGE.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 18-920, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 18-920. VIOLATION OF NO CONTACT ORDER. (1) When a person is charged with
15 or convicted of an offense under section 18-901, 18-903, 18-905, 18-907,
16 18-909, 18-911, 18-913, 18-915, 18-918, 18-919, 18-6710, 18-6711, 18-7905,
17 18-7906 or 39-6312, Idaho Code, or any other offense for which a court finds
18 that a no contact order is appropriate, an order forbidding contact with
19 another person may be issued. A no contact order may be imposed by the court
20 or by Idaho criminal rule.
21 (2) A violation of a no contact order is committed when:
22 (a) A person has been charged or convicted under any offense defined in
23 subsection (1) of this section; and
24 (b) A no contact order has been issued, either by a court or by an Idaho
25 criminal rule; and
26 (c) The person charged or convicted has had contact with the stated per-
27 son in violation of an order.
28 (3) A violation of a no contact order is punishable by a fine not exceed-
29 ing one thousand dollars ($1,000) or by imprisonment in the county jail not to
30 exceed one (1) year, or both. No bond shall be set for this violation until
31 the person charged is brought before the court which will set bond. Further,
32 any such violation may result in the increase, revocation or modification of
33 the bond set in the underlying charge for which the no contact order was
34 imposed.
35 (4) A peace officer may arrest without a warrant and take into custody a
36 person whom the peace officer has probable cause to believe has violated a no
37 contact order issued under this section if the person restrained had notice of
38 the order.
39 SECTION 2. That Section 18-7905, Idaho Code, be, and the same is hereby
40 repealed.
41 SECTION 3. That Chapter 79, Title 18, Idaho Code, be, and the same is
2
1 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
2 ignated as Section 18-7905, Idaho Code, and to read as follows:
3 18-7905. STALKING IN THE FIRST DEGREE. (1) A person commits the crime of
4 stalking in the first degree if the person violates section 18-7906, Idaho
5 Code, and:
6 (a) The actions constituting the offense are in violation of a temporary
7 restraining order, protection order, no contact order or injunction, or
8 any combination thereof;
9 (b) The actions constituting the offense are in violation of a condition
10 of probation or parole;
11 (c) The victim is under the age of sixteen (16) years;
12 (d) At any time during the course of conduct constituting the offense,
13 the defendant possessed a deadly weapon;
14 (e) The defendant has been previously convicted of a crime under this
15 section or section 18-7906, Idaho Code, or a law of another jurisdiction
16 with elements similar to a crime under this section or section 18-7906,
17 Idaho Code; or
18 (f) The defendant has been previously convicted of a crime, or an
19 attempt, solicitation or conspiracy to commit a crime, involving the same
20 victim as the present offense under any of the following provisions of
21 Idaho Code or a law of another jurisdiction with elements similar to the
22 following provisions:
23 (i) Chapter 9, title 18;
24 (ii) Chapter 15, title 18;
25 (iii) Chapter 61, title 18;
26 (iv) Section 18-4014 (administering poison with intent to kill);
27 (v) Section 18-4015 (assault with intent to murder);
28 (vi) Section 18-4501 (kidnapping);
29 (vii) Section 18-5501 (poisoning);
30 (viii) Section 18-6608 (forcible sexual penetration by use of foreign
31 object);
32 (ix) Section 18-7902 (malicious harassment); or
33 (x) Section 18-8103 (act of terrorism).
34 (2) In this section, "course of conduct" and "victim" have the meanings
35 given in section 18-7906(2), Idaho Code.
36 (3) Stalking in the first degree is a felony punishable by a fine not
37 exceeding ten thousand dollars ($10,000) or imprisonment in the state prison
38 for not less than one (1) year nor more than five (5) years, or by both such
39 fine and imprisonment.
40 SECTION 4. That Chapter 79, Title 18, Idaho Code, be, and the same is
41 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
42 ignated as Section 18-7906, Idaho Code, and to read as follows:
43 18-7906. STALKING IN THE SECOND DEGREE. (1) A person commits the crime of
44 stalking in the second degree if the person knowingly:
45 (a) Engages in a course of conduct that seriously alarms, annoys or
46 harasses the victim and is such as would cause a reasonable person sub-
47 stantial emotional distress; or
48 (b) Engages in a course of conduct such as would cause a reasonable per-
49 son to be in fear of death or physical injury, or in fear of the death or
50 physical injury of a family member.
51 (2) As used in this section:
52 (a) "Course of conduct" means repeated acts of nonconsensual contact
3
1 involving the victim or a family member, provided however, that constitu-
2 tionally protected activity is not included within the meaning of this
3 definition.
4 (b) "Family member" means:
5 (i) A spouse, child, grandchild, parent, grandparent, sibling,
6 uncle, aunt, nephew or niece of the victim, whether related by blood,
7 marriage or adoption;
8 (ii) A person who lives, or has previously lived, in a spousal rela-
9 tionship with the victim;
10 (iii) A person who lives in the same household as the victim; or
11 (iv) A person who is a former spouse of the victim or who is or has
12 been in a dating or engagement relationship with the victim;
13 (c) "Nonconsensual contact" means any contact with another person that is
14 initiated or continued without that person's consent, that is beyond the
15 scope of the consent provided by that person, or that is in disregard of
16 that person's expressed desire that the contact be avoided or discontin-
17 ued. "Nonconsensual contact" includes, but is not limited to:
18 (i) Following that person or maintaining surveillance, including by
19 electronic means, on that person;
20 (ii) Approaching or confronting that person in a public place or on
21 private property;
22 (iii) Appearing at the workplace or residence of that person;
23 (iv) Entering onto or remaining on property owned, leased or occu-
24 pied by that person;
25 (v) Contacting that person by telephone or causing that person's
26 telephone to ring repeatedly or continuously regardless of whether a
27 conversation ensues;
28 (vi) Sending mail or electronic communications to that person; or
29 (vii) Placing an object on, or delivering an object to, property
30 owned, leased or occupied by that person;
31 (d) "Victim" means a person who is the target of a course of conduct.
32 (3) Stalking in the second degree is punishable by imprisonment in the
33 county jail for not more than one (1) year or by a fine of not more than one
34 thousand dollars ($1,000), or by both such fine and imprisonment.
35 SECTION 5. That Section 19-603, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 19-603. WHEN PEACE OFFICER MAY ARREST. A peace officer may make an arrest
38 in obedience to a warrant delivered to him, or may, without a warrant, arrest
39 a person:
40 1. For a public offense committed or attempted in his presence.
41 2. When a person arrested has committed a felony, although not in his
42 presence.
43 3. When a felony has in fact been committed and he has reasonable cause
44 for believing the person arrested to have committed it.
45 4. On a charge made, upon a reasonable cause, of the commission of a fel-
46 ony by the party arrested.
47 5. At night, when there is reasonable cause to believe that he has com-
48 mitted a felony.
49 6. When upon immediate response to a report of a commission of a crime
50 there is probable cause to believe, that the person arrested has committed a
51 violation of section 18-902 (assault), 18-903 (battery), 18-918 (domestic
52 assault or battery), 18-7905 (first degree stalking), 18-7906 (second degree
53 stalking), 39-6312 (violation of a protection order), or 18-920 (violation of
4
1 a no contact order).
2 7. When there is reasonable cause to believe, based upon physical evi-
3 dence observed by the officer or statements made in the presence of the offi-
4 cer upon immediate response to a report of a commission of a crime aboard an
5 aircraft, that the person arrested has committed such a crime.
STATEMENT OF PURPOSE
RS 13730
This legislation breaks stalking out into first-degree and
second-degree stalking. First-degree stalking is a felony and is
committed when an individual commits second-degree stalking and
one of the enumerated aggravating factors is present. Such
factors include the stalking of a victim who is under sixteen
years of age and the stalking of a victim against whom certain
crimes have already been committed by the perpetrator. The
penalty for second-degree stalking is the same as that already
provided in Idaho Code. Definitions are also provided which
better detail "family member" and "nonconsensual contact."
FISCAL IMPACT
The fiscal impact is difficult to determine with certainty as it
depends upon the increased number of offenders charged with and
convicted of felony stalking. The impact to the general fund
will be equal to the cost of imprisoning the additional number of
offenders, if any, charged, convicted and sentenced to prison
under the revised felony section of this code.
Contact
Name: Representative Debbie Field
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 573