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Idaho Stalking Laws

A little extra attention or a surprise call or visit might seem nice when it’s from a friend or a loved one, but this kind of uninvited contact from a stranger or an ex can feel threatening or possibly even dangerous. Fortunately, the Gem has specific criminal statutes intended to keep you safe from stalking and stalkers. This is an introduction to stalking laws in Idaho.

State Stalking Laws

State stalking laws may differ in terms of what behavior they prohibit, and how they will be enforced. Generally, stalking is understood as the unwanted pursuit of, and contact toward, another person.

Under Idaho’s stalking statutes, stalking is defined as a course of conduct that alarms, annoys, or harasses a person or would cause a reasonable person to suffer emotional distress, fear for their safety or fear for a family or household member’s safety. Conduct may include following or surveilling a person, communicating with or threatening a person, physically approaching a person at their home or place of work, or vandalizing a person's property.

Stalking Laws in Idaho

The chart below highlights Idaho’s anti-stalking statutes.

Code Section

Idaho Statutes 18-7905, et seq.: Stalking

Stalking Defined as

Knowingly and maliciously engaging in a course of conduct that seriously alarms, annoys, or harasses the victim and conduct would cause a reasonable person substantial emotional distress; or

Knowingly and maliciously engaging in a course of conduct that would cause a reasonable person to be in fear of death or physical injury, or in fear of the death or physical injury of a family or household member.

Punishment/Classification

Jail maximum 1 year and/or fine maximum $1,000.

If violates temporary restraining order or injunction against same person: jail maximum 1 year and/or fine maximum $1,000

Penalty for Repeat Offense

If within 7 years of prior convictions against same person: felony

Arrest or Restraining Order Specifically Authorized by Statute?

-

Constitutionally Protected Activities Exempted?

Yes

While stalking can happen to anyone, many stalking victims were previously in romantic relationships with their stalkers and may have been or also be victims of domestic violence. In Idaho, courts can issue protective orders to help protect victims of stalking or domestic abuse from further harm or harassment.

Idaho Stalking Laws: Related Resources

Protecting yourself from stalking can be emotionally and legally difficult. FindLaw’s sections on Criminal Charges and Domestic Violence can provide you with further articles and information on this topic. If you would like legal assistance with a possible stalking matter, you can consult with an experienced Idaho criminal law attorney in your area.

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