Idaho Code
Idaho Code

Idaho Code § 18-7905 (2026)

Stalking in the first degree. 

✓ current as of May 2026
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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 18-6604 (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.
Notes of Decisions
Cited in 36 cases (9 in the last 5 years), 1996–2026 · leading case: State v. Stewart, 234 P.3d 707 (Idaho 2010).
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State v. Stewart, 234 P.3d 707 (Idaho 2010). · cites it 34× “The felony statute, Idaho Code § 18-7905 , requires: (a) that the defendant commit the crime of stalking as defined in the misdemeanor statute (which requires a course of conduct) and (b) that there be one of six additional circumstances.”
Irish v. Hall, 416 P.3d 975 (Idaho 2018). · cites it 6× “I.C. §§ 18-7905(4); 18-7906(3). Stalking in the first degree is a felony, and one can be imprisoned for up to five years.”
State v. Hoak, 216 P.3d 1291 (Idaho Ct. App. 2009). · cites it 6× “BACKGROUND Hoak was charged with first degree stalking, Idaho Code §§ 18-7905 , 18-7906, for stalking his former girlfriend through repeated efforts to contact her by letter and telephone in violation of a no-contact order.”
State v. Jeppesen, 57 P.3d 782 (Idaho 2002). · cites it 2× “FACTS AND PROCEDURAL HISTORY On December 20, 1999, the State charged the defendant Darwin Jeppesen with the offense of stalking in violation of Idaho Code § 18-7905 . The victim of the alleged stalking was Judy Jeppesen, his wife.”
United States v. Saunders, 59 M.J. 1 (C.A.A.F. 2003). “); Idaho Code § 18-7905 (Michie, LEXIS through 2003 Sess.”
State of Iowa v. Christopher Raymond Lindell, 828 N.W.2d 1 (Iowa 2013). “Idaho Code Ann. § 18-7905 (2004). Similarly, Iowa Code section 708.”
State v. Rafael Galvan, 326 P.3d 1029 (Idaho Ct. App. 2014). · cites it 2× “Rafael Galvan appeals from his judgment of conviction and sentence for stalking in the first degree, Idaho Code § 18-7905 , and aggravated assault with a deadly weapon, I.”
State v. Bryan, 910 P.2d 212 (Kan. 1996). “11, § 1312A (1995); Idaho Code § 18-7905 (Supp. 1995); Ky. Rev.”
Hackley v. State, 866 A.2d 906 (Md. Ct. Spec. App. 2005). “04; Idaho Code § 18-7905 ; III Comp Stat 5/12-7.”
State of Idaho v. Montrez Lushon Mayberry (Idaho Ct. App. 2026). · cites it 14× “In 1 Idaho Code § 18-7905 (1)(f)(viii) was updated in 2022 to account for an edit in the referred to code section.”
State v. Hartzell, 305 P.3d 551 (Idaho Ct. App. 2013). · cites it 16× “The district court determined that the Washington order was not a protection order under Idaho law and reduced the charge from first degree stalking, I.C. § 18-7905, to second degree stalking, I.”
State v. Hall, 515 P.3d 727 (Idaho 2022). · cites it 2× “FACTUAL AND PROCEDURAL BACKGROUND In 2015, the State charged Hall with felony stalking of her ex-husband, in violation of Idaho Code section 18-7905(a), and aggravated assault, in violation of Idaho Code section 18-905.”
Show all 36 citing cases →
— Idaho Code § 18-7905(1) — 1 case
State v. Stewart, 234 P.3d 707 (Idaho 2010). “The felony statute, Idaho Code § 18-7905 , requires: (a) that the defendant commit the crime of stalking as defined in the misdemeanor statute (which requires a course of conduct) and (b) that there be one of six additional circumstances.”
— Idaho Code § 18-7905(1)(a) — 3 cases
State of Idaho v. Montrez Lushon Mayberry (Idaho Ct. App. 2026). “In 1 Idaho Code § 18-7905 (1)(f)(viii) was updated in 2022 to account for an edit in the referred to code section.”
State v. Kevin E. Mays (Idaho Ct. App. 2015).
State v. East (Idaho Ct. App. 2022).
— Idaho Code § 18-7905(1)(d) — 1 case
State v. Ward (Idaho Ct. App. 2023).
— Idaho Code § 18-7905(2) — 1 case
State v. Hartzell, 305 P.3d 551 (Idaho Ct. App. 2013). “The district court determined that the Washington order was not a protection order under Idaho law and reduced the charge from first degree stalking, I.C. § 18-7905, to second degree stalking, I.”
— Idaho Code § 18-7905(4) — 1 case
Irish v. Hall, 416 P.3d 975 (Idaho 2018). “I.C. §§ 18-7905(4); 18-7906(3). Stalking in the first degree is a felony, and one can be imprisoned for up to five years.”
— Idaho Code § 18-7905(a) — 3 cases
State v. Hall, 515 P.3d 727 (Idaho 2022). “FACTUAL AND PROCEDURAL BACKGROUND In 2015, the State charged Hall with felony stalking of her ex-husband, in violation of Idaho Code section 18-7905(a), and aggravated assault, in violation of Idaho Code section 18-905.”
State v. Stephen William Lundquist (Idaho Ct. App. 2017).
State v. Drew Michael Williams (Idaho Ct. App. 2013).
— Idaho Code § 18-7905(d) — 1 case
State v. Mauch (Idaho Ct. App. 2019).
— Idaho Code § 18-7905(f) — 1 case
State v. Ramon S. Garcia (Idaho Ct. App. 2017).
— Idaho Code § 18-7905(l)(a) — 2 cases
State v. Stewart, 234 P.3d 707 (Idaho 2010). “The felony statute, Idaho Code § 18-7905 , requires: (a) that the defendant commit the crime of stalking as defined in the misdemeanor statute (which requires a course of conduct) and (b) that there be one of six additional circumstances.”
State v. Hartzell, 305 P.3d 551 (Idaho Ct. App. 2013). “The district court determined that the Washington order was not a protection order under Idaho law and reduced the charge from first degree stalking, I.C. § 18-7905, to second degree stalking, I.”
— Idaho Code § 18-7905(l)(b) — 1 case
State v. Stewart, 234 P.3d 707 (Idaho 2010). “The felony statute, Idaho Code § 18-7905 , requires: (a) that the defendant commit the crime of stalking as defined in the misdemeanor statute (which requires a course of conduct) and (b) that there be one of six additional circumstances.”
— Idaho Code § 18-7905(l)(e) — 1 case
State v. Stewart, 234 P.3d 707 (Idaho 2010). “The felony statute, Idaho Code § 18-7905 , requires: (a) that the defendant commit the crime of stalking as defined in the misdemeanor statute (which requires a course of conduct) and (b) that there be one of six additional circumstances.”
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