ICJI 1275

ICJI 1275 STALKING DEFINITIONS

"Course of conduct" means repeated acts of nonconsensual contact involving the victim [or] [a family or household member of the victim], provided however, that constitutionally protected activity is not included within the meaning of this definition.

["Family or household member" means a spouse or former spouse of the victim, a person who has a child in common with the victim regardless of whether they have been married, a person with whom the victim is cohabiting whether or not they have married or have held themselves out to be husband or wife, a person related to the victim by blood, adoption or marriage, a person with whom the victim is or has been in a dating relationship, or a person living in the same residence as the victim.]

["Dating relationship" means a social relationship of a romantic nature. Factors that you may consider in making this determination include: (1) the nature of the relationship; (2) the length of time the relationship has existed; (3) the frequency of interaction between the parties; and (4) the time since termination of the relationship, if applicable.]

"Nonconsensual contact" means any contact with the victim that is initiated or continued without the victim's consent, that is beyond the scope of the consent provided by the victim, or that is in disregard of the victim's expressed desire that the contact be avoided or discontinued. "Nonconsensual contact" includes, but is not limited to:

(1) Following the victim or maintaining surveillance, including by electronic means, on the victim;

(2) Contacting the victim in a public place or on private property;

(3) Appearing at the workplace or residence of the victim;

(4) Entering onto or remaining on property owned, leased or occupied by the victim;

(5) Contacting the victim by telephone or causing the victim's telephone to ring repeatedly or continuously regardless of whether a conversation ensues;

(6) Sending mail or electronic communications to the victim; or

(7) Placing an object on, or delivering an object to, property owned, leased or occupied by the victim.

"Victim" means a person who is the target of a course of conduct.

["Constitutionally protected activity" includes [define type of conduct that would be constitutionally protected under the evidence in the case].

Comment

I.C. � 18-7906. The court should use only those portions of these definitions that are applicable to the particular case.