(1) |
As used in this section:
Terms Used In Utah Code 76-5-106.5
(a) |
“Conviction” means:
(i) |
a verdict or conviction; |
(ii) |
a plea of guilty or guilty and mentally ill; |
(iii) |
a plea of no contest; or |
(iv) |
the acceptance by the court of a plea in abeyance. |
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(b) |
“Course of conduct” means two or more acts directed at or toward a specific person, including:
(i) |
acts in which the actor follows, monitors, observes, photographs, surveils, threatens, or communicates to or about a person, or interferes with a person’s property:
(A) |
directly, indirectly, or through any third party; and |
(B) |
by any action, method, device, or means; or |
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(ii) |
when the actor engages in any of the following acts or causes someone else to engage in any of these acts:
(A) |
approaches or confronts a person; |
(B) |
appears at the person’s workplace or contacts the person’s employer or coworkers; |
(C) |
appears at a person’s residence or contacts a person’s neighbors, or enters property owned, leased, or occupied by a person; |
(D) |
sends material by any means to the person or for the purpose of obtaining or disseminating information about or communicating with the person to a member of the person’s family or household, employer, coworker, friend, or associate of the person; |
(E) |
places an object on or delivers an object to property owned, leased, or occupied by a person, or to the person’s place of employment with the intent that the object be delivered to the person; or |
(F) |
uses a computer, the Internet, text messaging, or any other electronic means to commit an act that is a part of the course of conduct. |
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(c) |
“Immediate family” means a spouse, parent, child, sibling, or any other person who regularly resides in the household or who regularly resided in the household within the prior six months. |
(d) |
“Emotional distress” means significant mental or psychological suffering, whether or not medical or other professional treatment or counseling is required. |
(e) |
“Reasonable person” means a reasonable person in the victim’s circumstances. |
(f) |
“Stalking” means an offense as described in Subsection (2) or (3). |
(g) |
“Text messaging” means a communication in the form of electronic text or one or more electronic images sent by the actor from a telephone or computer to another person’s telephone or computer by addressing the communication to the recipient’s telephone number. |
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