Harassment And Stalking
Idaho Code § 18-7906, Idaho Code § 18-7905 and Idaho Code § 18-6710 — a course of conduct, a first and a second degree, and messages meant to frighten
Stalking in the second degree is knowingly and maliciously engaging in a course of conduct that seriously alarms, annoys or harasses the victim and would cause a reasonable person substantial emotional distress, or that would put a reasonable person in fear of death or physical injury to themselves or a family or household member.
A course of conduct is repeated nonconsensual contact with the victim or a family or household member, such as following, surveillance including by electronic means, or contact in a public place. Constitutionally protected activity is not part of it.
| Degree | What makes it | Penalty |
|---|---|---|
| DegreeSecond degree | What makes itThe course of conduct alone | PenaltyUp to one year in the county jail, a fine of up to $1,000, or both |
| DegreeFirst degree | What makes itThe stalking breaks a protection order or probation, the victim is under sixteen, the stalker carried a deadly weapon, or a listed conviction within seven years | PenaltyA felony: one to five years, a fine of up to $10,000, or both |
Calls, texts and email. Contacting someone by telephone, email, text or other electronic means with intent to annoy, terrify, threaten or harass, using obscene language or threats, or disturbing their peace by repeated messages, is a misdemeanor carrying up to one year. A second conviction is a felony carrying up to five years.
A protection order is a separate civil remedy. A particular situation is a question for the police, a victim advocate or a licensed Idaho attorney.
Sources for this section (3)
- Idaho Code § 18-7906 — Stalking in the second degree
- Idaho Code § 18-7905 — Stalking in the first degree
- Idaho Code § 18-6710 — Use of telecommunication to annoy, terrify, threaten, intimidate, harass, or offend — Penalties
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.