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DEFINITIONS Revised

This subchapter is included in your selections.
This section is included in your selections.

As used in this chapter:

A. Child” means an unmarried or unemancipated person under the age of eighteen (18) years.

B. Child pornography” means any image depicting a minor engaged in sexual conduct.

C. Computer” means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions and includes any data storage facility or communications facility directly related to or operating in conjunction with such device. The term also includes: any online service, Internet service, or local bulletin board; any electronic storage device, including a floppy disk or other magnetic storage device; or any compact disc that has read-only memory and the capacity to store audio, video, or written materials.

D. Course of conduct” means a pattern of conduct composed of a series of two or more separate acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.

E. Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this chapter.

F. Cyberstalk” means:

1. To engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person; or

2. To access, or attempt to access, the online accounts or Internet-connected home electronic systems of another person without that person’s permission, causing substantial emotional distress to that person and serving no legitimate purpose.

G. Dating relationship” means a continuing or recent significant relationship of a romantic or intimate nature.

H. Dwelling” shall have the same meaning as that provided in 6 ONC § 1-118.

I. Electronic communication” shall mean any type of telephonic, electronic or radio communications, or transmission of signs, signals, data, writings, images and sounds or intelligence of any nature by telephone, including cellular telephones, wire, cable, radio, electromagnetic, photoelectronic or photo-optical system or the creation, display, management, storage, processing, transmission or distribution of images, text, voice, video or data by wire, cable or wireless means, including the Internet. The term includes, but is not limited to:

1. A communication initiated by electronic mail, instant message, network call, or facsimile machine including text, sound or images;

2. A communication made to a pager; or

3. A communication including text, sound or images posted to a social media or other public media source. “Electronic communication” does not include broadcast transmissions or similar communications that are not targeted at any specific individual.

J. Electronic communication device” means any cellular telephone, facsimile, pager, computer or any device capable of electronic communication.

K. Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.

L. Encourage” shall include a willful and intentional neglect to do that which will directly tend to prevent such act or acts of delinquency on the part of such minor, when the person accused shall have been able to do so.

M. Every person” and “any person” shall include human beings, without regard to their legal or natural relationship to such minor, as well as legal or corporate entities.

N. Family or household member” means spouses, former spouses, a person with whom the defendant is or was in a dating relationship, a present spouse of a former spouse, a former spouse of a present spouse, parents, a child, a foster parent, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

O. Following” shall include the tracking of the movement or location of an individual through the use of a Global Positioning System (GPS) device or other monitoring device by a person, or person who acts on behalf of another, without the consent of the individual whose movement or location is being tracked, provided this shall not apply to the lawful use of a GPS device or other monitoring device or to the use by a new or used motor vehicle dealer or other motor vehicle creditor of a GPS device or other monitoring device, including a device containing technology used to remotely disable the ignition of a motor vehicle, in connection with lawful action after default of the terms of a motor vehicle credit sale, loan or lease, and with the express written consent of the owner or lessee of the motor vehicle.

P. Great bodily injury” means bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ or mental faculty, or substantial risk of death.

Q. Harmful to minors” means any reproduction, imitation, characterization, description, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement when it:

1. Predominantly appeals to a prurient, shameful, or morbid interest;

2. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and

3. Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.

R. A mother’s breastfeeding of her baby is not under any circumstance “obscene” or “harmful to minors.”

S. Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.

T. Home-invasion robbery” means any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein.

U. Human being” includes an unborn child, defined as the unborn offspring of human beings from the moment of conception, through pregnancy, and until live birth.

V. Image” includes a photograph, film, videotape, digital recording or other depiction or portrayal of an object, including a human body.

W. Intimate parts” means the fully unclothed, partially unclothed or transparently clothed genitals, pubic area or female adult nipple.

X. In the presence of a child” means in the physical presence of a child, or having knowledge that a child is present and may see or hear an act of domestic violence regardless of whether the child is related to the victim or the defendant.

Y. Law enforcement officer” means any police officer, peace officer, sheriff, deputy sheriff, correctional officer, probation or parole officer, emergency management employee, judge, magistrate, or any employee of a governmental agency who is authorized by law to engage in the investigation, arrest, prosecution, or supervision of the incarceration of any person for any violation of law and has statutory powers of arrest.

Z. Malice aforethought” means an intention to kill another human being without legal excuse; an intention to inflict serious harm to another human being, which resulted in the death of the victim; or the killer displayed reckless disregard to life that resulted in the death of the victim.

AA. Member of the immediate family” means any spouse, parent, child, person related within the third degree of consanguinity or affinity or any other person who regularly resides in the household or who regularly resided in the household within the prior six months.

BB. Minor” or “child” shall include male or female persons who shall not have arrived at the age of eighteen (18) years at the time of the commission of the offense.

CC. Nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state. A mother’s breastfeeding of her baby does not under any circumstance constitute “nudity,” irrespective of whether or not the nipple is covered during or incidental to feeding.

DD. Obscene” means the status of material which:

1. The average person, applying contemporary community standards, would find, taken as a whole, appeals to the prurient interest;

2. Depicts or describes, in a patently offensive way, sexual conduct as specifically defined herein; and

3. Taken as a whole, lacks serious literary, artistic, political, or scientific value.

EE. Person” includes individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

FF. Publish” means to circulate, deliver, distribute, disseminate, transmit or otherwise make available to another person.

GG. Robbery” means the wrongful taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.

HH. Sexual act” means sexual intercourse including genital, anal, or oral sex.

II. Transmit” means the act of sending and causing to be delivered any image, information, or data from one or more persons or places to one or more other persons or places over or through any medium, including the Internet, by use of any electronic equipment or device.

JJ. Unconsented contact” means any contact with another individual that is initiated or continued without the consent of the individual, or in disregard of that individual’s expressed desire that the contact be avoided or discontinued. Constitutionally protected activity is not included within the meaning of unconsented contact. “Unconsented contact” includes but is not limited to any of the following:

1. Following or appearing within the sight of that individual;

2. Approaching or confronting that individual in a public place or on private property;

3. Appearing at the workplace or residence of that individual;

4. Entering onto or remaining on property owned, leased, or occupied by that individual;

5. Contacting that individual by telephone;

6. Sending mail or electronic communications to that individual; and

7. Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual. ONCA 22-33, eff. Apr. 25, 2022.