2005 Idaho Code - 18-7905 — STALKING IN THE FIRST DEGREE

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 79
                             MALICIOUS HARASSMENT
    18-7905.  STALKING IN THE FIRST DEGREE. (1) A person commits the crime of
stalking in the first degree if the person violates section 18-7906, Idaho
Code, and:
    (a)  The actions constituting the offense are in violation of a temporary
    restraining order, protection order, no contact order or injunction, or
    any combination thereof; or
    (b)  The actions constituting the offense are in violation of a condition
    of probation or parole; or
    (c)  The victim is under the age of sixteen (16) years; or
    (d)  At any time during the course of conduct constituting the offense,
    the defendant possessed a deadly weapon or instrument; or
    (e)  The defendant has been previously convicted of a crime under this
    section or section 18-7906, Idaho Code, or a substantially conforming
    foreign criminal violation within seven (7) years, notwithstanding the
    form of the judgment or withheld judgment; or
    (f)  The defendant has been previously convicted of a crime, or an
    attempt, solicitation or conspiracy to commit a crime, involving the same
    victim as the present offense under any of the following provisions of
    Idaho Code or a substantially conforming foreign criminal violation within
    seven (7) years, notwithstanding the form of the judgment or withheld
    judgment:
         (i)    Chapter 9, title 18;
         (ii)   Chapter 15, title 18;
         (iii)  Chapter 61, title 18;
         (iv)   Section 18-4014 (administering poison with intent to kill);
         (v)    Section 18-4015 (assault with intent to murder);
         (vi)   Section 18-4501 (kidnapping);
         (vii)  Section 18-5501 (poisoning);
         (viii) Section 18-6608 (forcible sexual penetration by use of foreign
         object);
         (ix)   Section 18-7902 (malicious harassment); or
         (x)    Section 18-8103 (act of terrorism).
    (2)  In this section, "course of conduct" and "victim" have the meanings
given in section 18-7906(2), Idaho Code.
    (3)  For the purpose of this section, a "substantially conforming foreign
criminal violation" exists when a person has pled guilty to or has been found
guilty of a violation of any federal law or law of another state, or any valid
county, city, or town ordinance of another state substantially conforming to
the provisions of this section or section 18-7906, Idaho Code. The
determination of whether a foreign criminal violation is substantially
conforming is a question of law to be determined by the court.
    (4)  Stalking in the first degree is a felony punishable by a fine not
exceeding ten thousand dollars ($10,000) or imprisonment in the state prison
for not less than one (1) year nor more than five (5) years, or by both such
fine and imprisonment.