Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

Alabama Code Title 13A. Criminal Code § 13A-6-90
SECTION 13A-6-90 STALKING IN THE FIRST DEGREE

(a) A person who intentionally and repeatedly follows or harasses another person and
who makes a threat, either expressed or implied, with the intent to place that person in
reasonable fear of death or serious bodily harm is guilty of the crime of stalking in the
first degree.
(b) The crime of stalking in the first degree is a Class C felony.

Alabama Code Title 13A. Criminal Code § 13A-6-90.1
SECTION 13A-6-90.1 STALKING IN THE SECOND DEGREE

(a) A person who, acting with an improper purpose, intentionally and repeatedly follows,
harasses, telephones, or initiates communication, verbally, electronically, or otherwise,
with another person, any member of the other person's immediate family, or any third
party with whom the other person is acquainted, and causes material harm to the
mental or emotional health of the other person, or causes such person to reasonably
fear that his or her employment, business, or career is threatened, and the perpetrator
was previously informed to cease that conduct is guilty of the crime of stalking in the
second degree.
(b) The crime of stalking in the second degree is a Class B misdemeanor

Alabama Code Title 13A. Criminal Code SECTION
13A-11-8 HARASSMENT OR HARASSING
COMMUNICATIONS

(a)(1) HARASSMENT. A person commits the crime of harassment if, with intent to
harass, annoy, or alarm another person, he or she either:
a. Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to
physical contact.
b. Directs abusive or obscene language or makes an obscene gesture towards another
person.
(2) For purposes of this section, harassment shall include a threat, verbal or nonverbal,
made with the intent to carry out the threat, that would cause a reasonable person who
is the target of the threat to fear for his or her safety.
(3) Harassment is a Class C misdemeanor.
(b)(1) HARASSING COMMUNICATIONS. A person commits the crime of harassing
communications if, with intent to harass or alarm another person, he or she does any of
the following:
a. Communicates with a person, anonymously or otherwise, by telephone, telegraph,
mail, or any other form of written or electronic communication, in a manner likely to
harass or cause alarm.
b. Makes a telephone call, whether or not a conversation ensues, with no purpose of
legitimate communication.
c. Telephones another person and addresses to or about such other person any lewd or
obscene words or language.
Nothing in this section shall apply to legitimate business telephone communications.
(2) Harassing communications is a Class C misdemeanor.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

Sec. 11.41.260. Stalking in the first degree.
 (a) A person commits the crime of stalking in the first degree if the person violates AS 11.41.270 and
     (1) the actions constituting the offense are in violation of an order issued or filed under AS 18.65.850 — 18.65.870 or AS 18.66.100 — 18.66.180 or issued under former AS 25.35.010(b) or 25.35.020;

     (2) the actions constituting the offense are in violation of a condition of probation, release before trial, release after conviction, or parole;

     (3) the victim is under 16 years of age;

     (4) at any time during the course of conduct constituting the offense, the defendant possessed a deadly weapon;

     (5) the defendant has been previously convicted of a crime under this section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another jurisdiction with elements similar to a crime under this section, AS 11.41.270, or AS 11.56.740; or

     (6) the defendant has been previously convicted of a crime, or an attempt or solicitation to commit a crime, under (A) AS 11.41.100 — 11.41.250, 11.41.300 — 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a law or an ordinance of this or another jurisdiction with elements similar to a crime, or an attempt or solicitation to commit a crime, under AS 11.41.100 — 11.41.250, 11.41.300 — 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, involving the same victim as the present offense.

(b) In this section, “course of conduct” and “victim” have the meanings given in AS 11.41.270(b).

(c) Stalking in the first degree is a class C felony.

Sec. 11.41.270. Stalking in the second degree. (a) A person commits the crime of stalking in the second degree if the person knowingly engages in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the death or physical injury of a family member.

 (b) In this section,
     (1) “course of conduct” means repeated acts of nonconsensual contact involving the victim or a family member;

     (2) “device” includes software;

     (3) “family member” means a
          (A) spouse, child, grandchild, parent, grandparent, sibling, uncle, aunt, nephew, or niece, of the victim, whether related by blood, marriage, or adoption;

     (4) “nonconsensual contact” means any contact with another person that is initiated or continued without that person's consent, that is beyond the scope of the consent provided by that person, or that is in disregard of that person's expressed desire that the contact be avoided or discontinued; “nonconsensual contact” includes
         

 (A) following or appearing within the sight of that person;

(B) approaching or confronting that person in a public place or on private property;

(C) appearing at the workplace or residence of that person;

(D) entering onto or remaining on property owned, leased, or occupied by that person;

(E) contacting that person by telephone;

(F) sending mail or electronic communications to that person;

(G) placing an object on, or delivering an object to, property owned, leased, or occupied by that person;

(H) following or monitoring that person with a global positioning device or similar technological means;

(I) using, installing, or attempting to use or install a device for observing, recording, or photographing events occurring in the residence, vehicle, or workplace used by that person, or on the personal telephone or computer used by that person;

        (5) “victim” means a person who is the target of a course of conduct.

 (c) Stalking in the second degree is a class A misdemeanor.

 

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

13-2916. Use of an electronic communication to terrify, intimidate, threaten or harass; unlawful use of electronic communication device; applicability; classification; definitions

13-2916. Use of an electronic communication to terrify, intimidate, threaten or harass; unlawful use of electronic communication device; applicability; classification; definitions

A. It is unlawful for a person to knowingly terrify, intimidate, threaten or harass a specific person or persons by doing any of the following:

1. Directing any obscene, lewd or profane language or suggesting any lewd or lascivious act to the person in an electronic communication.

2. Threatening to inflict physical harm on any person or to property in any electronic communication.

3. Otherwise disturbing by repeated anonymous, unwanted or unsolicited electronic communications the peace, quiet or right of privacy of the person at the place where the communications were received.

4. Without the person's consent and for the purpose of imminently causing the person unwanted physical contact, injury or harassment by a third party, use an electronic communication device to electronically distribute, publish, email, hyperlink or make available for downloading the person's personal identifying information, including a digital image of the person, and the use does in fact incite or produce that unwanted physical contact, injury or harassment.  This paragraph also applies to a person who intends to terrify, intimidate, threaten or harass an immediate family member of the person whose personal identifying information is used.

B. Any offense committed by use of an electronic communication in violation of this section is deemed to have been committed at either the place where the communications originated or at the place where the communications were received.

C. This section does not apply to:

1. Constitutionally protected speech or activity or to any other activity authorized by law.

2. An interactive computer service, as defined in 47 United States Code section 230(f)(2), or to an information service or telecommunications service, as defined in 47 United States Code section 153, for content that is provided by another person.

D. A person who violates this section is guilty of a class 1 misdemeanor.

E. For the purposes of this section:

1. "Electronic communication" means a social media post, a wire line, cable, wireless or cellular telephone call, a text message, an instant message or electronic mail.

2. "Electronic communication device" includes a telephone, mobile telephone, computer, internet website, internet telephone, hybrid cellular, internet or wireless device, personal digital assistant, video recorder, fax machine or pager.

3. "Harassment" means a knowing and wilful course of conduct that is directed at a specific person, that a reasonable person would consider as seriously alarming, seriously disruptive, seriously tormenting or seriously terrorizing the person and that serves no legitimate purpose.

4. "Personal identifying information":

(a) Means information that would allow the identified person to be located, contacted or harassed.

(b) Includes the person's home address, work address, phone number, email address or other contact information that would allow the identified person to be located, contacted or harassed.

5. "Social media post" means a social media communication that is knowingly intended to communicate to a specific person or persons in violation of subsection A of this section.

13-2923. Stalking; classification; exceptions; definitions

A. A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct causes the victim to:

1. Suffer emotional distress or reasonably fear that either:

(a) The victim's property will be damaged or destroyed.

(b) Any of the following will be physically injured:

(i) The victim.

(ii) The victim's family member, domestic animal or livestock.

(iii) A person with whom the victim has or has previously had a romantic or sexual relationship.

(iv) A person who regularly resides in the victim's household or has resided in the victim's household within the six months before the last conduct occurred.

2. Reasonably fear death or the death of any of the following:

(a) The victim's family member, domestic animal or livestock.

(b) A person with whom the victim has or has previously had a romantic or sexual relationship.

(c) A person who regularly resides in the victim's household or has resided in the victim's household within the six months before the last conduct occurred.

B. This section does not apply to an interactive computer service, as defined in 47 United States Code section 230(f)(2), or to an information service or telecommunications service, as defined in 47 United States Code section 153, for content that is provided by another person.

C. Stalking under subsection A, paragraph 1 of this section is a class 5 felony. Stalking under subsection A, paragraph 2 of this section is a class 3 felony. 

D. For the purposes of this section:

1. "Course of conduct":

(a) Means directly or indirectly, in person or through one or more third persons or by any other means, to do any of the following:

(i) Maintain visual or physical proximity to a specific person or direct verbal, written or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short. 

(ii) Use any electronic, digital or global positioning system device to surveil a specific person or a specific person's internet or wireless activity continuously for twelve hours or more or on two or more occasions over a period of time, however short, without authorization.

(iii) Communicate, or cause to be communicated, on more than one occasion words, images or language by or through the use of electronic mail or an electronic communication that is directed at a specific person without authorization and without a legitimate purpose.

(b) Does not include constitutionally protected activity or other activity authorized by law, the other person, the other person's authorized representative or if the other person is a minor, the minor's parent or guardian.

2. "Emotional distress" means significant mental suffering or distress that may, but does not have to, require medical or other professional treatment or counseling.

 

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Arkansas Code Title 5. Criminal Offenses § 5-26-314.

Unlawful distribution of sexual images or recordings Current as of March 28, 2024 | Updated by Findlaw Staff
(a) A person commits the offense of unlawful distribution of sexual images or recordings if, being eighteen (18) years of age or older, with the purpose to harass, frighten, intimidate, threaten, or abuse another person, the actor distributes an image, picture, video, or voice or audio recording of the other person to a third person by any
means if the image, picture, video, or voice or audio recording:
(1) Is of a sexual nature or depicts the other person in a state of nudity; and
(2) The other person is a family or household member of the actor or another person with whom the actor is in a current or former dating relationship.
(b) The fact that an image, picture, video, or voice or audio recording was created with the knowledge or consent of the other person or that the image, picture, video, or voice or audio recording is the property of a person charged under this section is not a
defense to prosecution under this section.
(c) Unlawful distribution of sexual images or recordings is a Class A misdemeanor.
(d)(1) Upon the pretrial release of a person charged under this section, the court shall enter an order consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the person charged under this section of the
penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(2) An order under subdivision (d)(1) of this section remains in effect during the pendency of any appeal of a conviction under this section.

Arkansas Code Title 5. Criminal Offenses § 5-71-208.
Harassment

(a) A person commits the offense of harassment if, with purpose to harass, annoy, or alarm another person, without good cause, he or she:
(1) Strikes, shoves, kicks, or otherwise touches a person, subjects that person to offensive physical contact or attempts or threatens to do so;
(2) In a public place, directs obscene language or makes an obscene gesture to or at another person in a manner likely to provoke a violent or disorderly response;
(3) Follows a person in or about a public place;
(4) In a public place repeatedly insults, taunts, or challenges another person in a manner likely to provoke a violent or disorderly response;
(5) Engages in conduct or repeatedly commits an act that alarms or seriously annoys another person and that serves no legitimate purpose; or
(6) Places a person under surveillance by remaining present outside that person's school, place of employment, vehicle, other place occupied by that person, or residence, other than the residence of the defendant, for no purpose other than to harass, alarm, or
annoy.
(b) Harassment is a Class A misdemeanor.
(c) It is an affirmative defense to prosecution under this section if the actor is a law enforcement officer, licensed private investigator, attorney, process server, licensed bail bondsman, or a store detective acting within the reasonable scope of his or her duty
while conducting surveillance on an official work assignment.

(d)(1) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(2) This no contact order remains in effect during the pendency of any appeal of a conviction under this section.
(3) The judicial officer or prosecuting attorney shall provide a copy of this no contact order to the victim and arresting agency without unnecessary delay.
(e) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328, or both. Arkansas Code Title 5. Criminal Offenses § 5-71-209.
Harassing communications
(a) As used in this section, “electronic device” includes a computer, cell phone, tablet, smartphone, or any other device that connects to the internet or is used in the electronic transmission of communication or information.
(b) A person commits the offense of harassing communications if:
(1) With the purpose to harass, annoy, or alarm another person, the person:
(A) Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, email, message delivered to an electronic device, or any other form of written or electronic communication, in a manner likely to harass, annoy, or cause alarm;
(B) Makes a telephone call or causes a telephone to ring repeatedly, with no purpose of legitimate communication, regardless of whether a conversation ensues;

(C) Knowingly permits any telephone or electronic device under his or her control to be used for any purpose prohibited by this section;
(D) Threatens by telephone, in writing, or by electronic communication, including without limitation by text message, social media post, facsimile transmission, email, and internet service, to take an action against another person that is known by the
person to be unlawful; or
(E) Places two (2) or more telephone calls anonymously, at an hour or hours known by the person to be inconvenient to another person, in an offensively repetitious manner or without a legitimate purpose of communication, and by this action knowingly annoys or alarms the other person; or
(2) With the purpose to frighten, intimidate, or distress emotionally another person, the person:
(A) Communicates by telephone to another person that a person has been injured, killed, or is ill when the communication is known by the person to be false; or
(B) Communicates with another person by any method described in subdivision (b)(1) of this section, without legitimate purpose in a manner the person knows, or reasonably
should know, would frighten, intimidate, or cause emotional distress to a similarly situated person of reasonable sensibilities.
(c) An offense involving use of a telephone or electronic device may be prosecuted in the county where the defendant was located when he or she used the telephone or electronic device, or in the county where the telephone made to ring by the defendant or the electronic device that received a message or email from the defendant was located.
(d) Harassing communications is a Class A misdemeanor.

(e)(1) Upon the pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rule 9.3 and Rule 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(2) The no contact order under subdivision (e)(1) of this section remains in effect during the pendency of any appeal of a conviction under this section.
(3) The judicial officer or prosecuting attorney shall provide a copy of the no contact order under subdivision (e)(1) of this section to the victim and arresting agency without unnecessary delay.
(f) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328, or both.

Arkansas Code Title 5. Criminal Offenses § 5-71-229.
Stalking

(a)(1) A person commits stalking in the first degree if he or she knowingly engages in a course of conduct that would place a reasonable person in the victim's position under emotional distress and in fear for his or her safety or a third person's safety, and the
actor:
(A) Does so in contravention of an order of protection consistent with the Domestic Abuse Act of 1991, § 9-15-101 et seq., or a no contact order as set out in subdivision
(a)(2)(A) of this section, protecting the same victim, or any other order issued by any court protecting the same victim;
(B) Has been convicted within the previous ten (10) years of:

(i) Stalking in the second degree;
(ii) Terroristic threatening, § 5-13-301, or terroristic act, § 5-13-310; or
(iii) Stalking or threats against another person's safety under the statutory provisions of any other state jurisdiction; or
(C) Is armed with a deadly weapon or represents by word or conduct that he or she is armed with a deadly weapon.
(2)(A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection.
(C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and the arresting law enforcement agency without unnecessary delay.
(D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328, or both.
(3) Stalking in the first degree is a Class B felony.
(b)(1) A person commits stalking in the second degree if he or she knowingly engages in a course of conduct that harasses another person and makes a terroristic threat with the purpose of placing that person in imminent fear of death or serious bodily injury or placing that person in imminent fear of the death or serious bodily injury of his or her immediate family.
(2)(A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection.
(C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and arresting law enforcement agency without unnecessary delay.
(D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328, or both.
(3) Stalking in the second degree is a Class C felony.
(c)(1) A person commits stalking in the third degree if he or she knowingly commits an act that would place a reasonable person in the victim's position under emotional distress and in fear for his or her safety or a third person's safety.
(2)(A) Upon pretrial release of the defendant, a judicial officer shall enter a no contact order in writing consistent with Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall give notice to the defendant of penalties contained in Rule 9.5 of the Arkansas Rules of Criminal Procedure.
(B) The no contact order remains in effect during the pendency of any appeal of a conviction under this subsection.

(C) The judicial officer or prosecuting attorney shall provide a copy of the no contact order to the victim and arresting law enforcement agency without unnecessary delay.
(D) If the judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter orders consistent with § 5-2-327 or § 5-2-328, or both.
(3) Stalking in the third degree is a Class A misdemeanor.
(d) It is an affirmative defense to prosecution under this section if the actor is a law enforcement officer, licensed private investigator, attorney, process server, licensed bail bondsman, or a store detective acting within the reasonable scope of his or her duty while conducting surveillance on an official work assignment.
(e) It is not a defense to a prosecution under this section that the actor was not given actual notice by the victim that the actor's conduct was not wanted.
(f) As used in this section:
(1)(A) “Course of conduct” means a pattern of conduct composed of two (2) or more acts, separated by at least thirty-six (36) hours, but occurring within one (1) year, including without limitation an act in which the actor directly, indirectly, or through a third party by any action, method, device, or means follows, monitors, observes, places
under surveillance, threatens, or communicates to or about a person or interferes with a person's property.
(B)(i) “Course of conduct” does not include constitutionally protected activity.
(ii) If the defendant claims that he or she was engaged in a constitutionally protected activity, the court shall determine the validity of that claim as a matter of law and, if found valid, shall exclude that activity from evidence;

(2)(A) “Emotional distress” means significant mental suffering or distress.
(B) “Emotional distress” does not require that the victim sought or received medical or other professional treatment or counseling; and
(3) “Harasses” means an act of harassment as prohibited by § 5-71-208.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

State of California
PENAL CODE
Section 653x
653x. (a) A person who telephones or uses an electronic communication device to initiate communication with the 911 emergency system with the intent to annoy or harass another person is guilty of a misdemeanor punishable by a fine of not more
than one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both the fine and imprisonment. Nothing in this section shall apply to telephone calls or communications using electronic devices made in good faith.
(b) An intent to annoy or harass is established by proof of repeated calls or communications over a period of time, however short, that are unreasonable under the circumstances.
(c) Upon conviction of a violation of this section, a person also shall be liable for all reasonable costs incurred by any unnecessary emergency response.
(Amended by Stats. 2016, Ch. 96, Sec. 1. (AB 1769) Effective January 1, 2017.

State of California
PENAL CODE
Section 653y
653y. (a) A person who knowingly allows the use of or who uses the 911 emergency system for any reason other than because of an emergency is guilty of an infraction, punishable as follows:
(1) For a first violation, a written warning shall be issued to the violator by the public safety entity originally receiving the telephone call or the communication from an electronic device describing the punishment for subsequent violations. The written warning shall inform the recipient to notify the issuing agency that the warning was
issued inappropriately if the recipient did not make, or knowingly allow the use of the 911 emergency system for, the nonemergency 911 telephone call or the communication from an electronic device. The law enforcement agency may provide
educational materials regarding the appropriate use of the 911 emergency system.
(2) For a second or subsequent violation, a citation may be issued by the public safety entity originally receiving the telephone call or the communication from an electronic device pursuant to which the violator shall be subject to the following penalties that may be reduced by a court upon consideration of the violator’s ability
to pay:
(A) For a second violation, a fine of fifty dollars ($50).
(B) For a third violation, a fine of one hundred dollars ($100).
(C) For a fourth or subsequent violation, a fine of two hundred and fifty dollars ($250).
(3) The parent or legal guardian having custody and control of an unemancipated minor who violates this section is jointly and severally liable with the minor for the fine imposed pursuant to this subdivision.
(b) Knowingly allowing the use of or using the 911 emergency system for the purpose of harassing another is a crime that is punishable as follows:
(1) For a first violation, as an infraction punishable by a two-hundred-fifty dollar ($250) fine or as a misdemeanor punishable by up to six months in a county jail, a f ine of up to one thousand dollars ($1,000), or both that imprisonment and fine.
(2) For a second or subsequent violation, as a misdemeanor punishable by up to six months in a county jail, a fine of up to one thousand dollars ($1,000), or both that imprisonment and fine.
(c) If a person knowingly allows the use of or uses the 911 emergency system for the purpose of harassing another person and that act is an act described in Section 422.55 or 422.85, the person who commits the act is guilty of a misdemeanor punishable by up to one year in a county jail, a fine of not less than five hundred
dollars ($500) nor more than two thousand dollars ($2,000), or both that imprisonment and fine.
(d) For purposes of this section, “emergency” means any condition in which emergency services will result in the saving of a life, a reduction in the destruction of property, quicker apprehension of criminals, or assistance with potentially life-threatening medical problems, a fire, a need for rescue, an imminent potential
crime, or a similar situation in which immediate assistance is required.
(e) (1) Notwithstanding subdivision (a), this section does not apply to a telephone corporation or any other entity for acts or omissions relating to the routine maintenance, repair, or operation of the 911 emergency system or the 311 telephone system.
(2) This section does not apply to uses of the 911 emergency system by a person with an intellectual disability or other mental disability that makes it difficult or impossible for the person to understand the potential consequences of their actions.
(Amended by Stats. 2020, Ch. 327, Sec. 4. (AB 1775) Effective January 1, 2021.)

Section 653z
653z. (a) Every person who operates a recording device in a motion picture theater while a motion picture is being exhibited, for the purpose of recording a theatrical motion picture and without the express written authority of the owner of the motion picture theater, is guilty of a public offense and shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment.
(b) For the purposes of this section, the following terms have the following meanings:
(1) “Recording device” means a photographic, digital or video camera, or other audio or video recording device capable of recording the sounds and images of a motion picture or any portion of a motion picture.
(2) “Motion picture theater” means a theater or other premises in which a motion picture is exhibited.
(c) Nothing in this section shall preclude prosecution under any other provisionof law. (Amended by Stats. 2010, Ch. 351, Sec. 7. (AB 819) Effective September 27, 2010.

Section 653aa
653aa. (a) Any person, except a minor, who is located in California, who, knowing that a particular recording or audiovisual work is commercial, knowingly electronically disseminates all or substantially all of that commercial recording or audiovisual work to more than 10 other people without disclosing his or her e-mail address, and the
title of the recording or audiovisual work is punishable by a fine not exceeding five thousand dollars ($5,000), imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment.
(b) Any minor who violates subdivision (a) is punishable by a fine not exceeding five hundred dollars ($500). Any minor who commits a third or subsequent violation of subdivision (a) is punishable by a fine not exceeding two thousand dollars ($2,000), imprisonment in a county jail for a period not to exceed one year, or by both that imprisonment and fine.
(c) Subdivisions (a) and (b) do not apply:
(1) To a person who electronically disseminates a commercial recording or audiovisual work to his or her immediate family, or within his or her personal network, defined as a restricted access network controlled by and accessible to only that person
or people in his or her immediate household.
(2) If the copyright owner, or a person acting under the authority of the copyright owner, of a commercial recording or audiovisual work has explicitly given permission for all or substantially all of that recording or audiovisual work to be freely disseminated electronically by or to anyone without limitation.
(3) To a person who has been licensed either by the copyright owner or a person acting under the authority of the copyright owner to disseminate electronically all or substantially all of a commercial audiovisual work or recording.
(4) To the licensed electronic dissemination of a commercial audiovisual work or recording by means of a cable television service offered over a cable system or direct to home satellite service as defined in Title 47 of the United States Code.
(d) Nothing in this section shall restrict the copyright owner from disseminating his or her own copyrighted material.
(e) Upon conviction for a violation of this section, in addition to the penalty prescribed, the court shall order the permanent deletion or destruction of any electronic file containing a commercial recording or audiovisual work, the dissemination of which was the basis of the violation. This subdivision shall not apply to the copyright
owner or to a person acting under the authority of the copyright owner.
(f) An Internet service provider does not violate, and does not aid and abet a violation of subdivision (a), and subdivision (a) shall not be enforced against an Internet service provider, to the extent that the Internet service provider enables a user of its service to electronically disseminate an audiovisual work or sound recording, if the Internet service provider maintains its valid e-mail address or other means of electronic notification on its Internet Web site in a location that is accessible to the public. For the purposes of this section, “Internet service provider” means an entity, to the extent that the entity is transmitting, routing, or providing connections for Internet communications initiated by or at the direction of another person, between or among points specified by a user, of material placed online by a user, storing or hosting that material at the direction of a user, or referring or linking users to that material.
(g) For purposes of this section:
(1) “Recording” means the electronic or physical embodiment of any recorded images, sounds, or images and sounds, but does not include audiovisual works or sounds accompanying audiovisual works.
(2) “Audiovisual work” means the electronic or physical embodiment of motion pictures, television programs, video or computer games, or other audiovisual presentations that consist of related images that are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment,
or a computer program, software, or system, as defined in Section 502, together with accompanying sounds, if any.
(3) “Commercial recording or audiovisual work” means a recording or audiovisual work whose copyright owner, or assignee, authorized agent, or licensee, has made or intends to make available for sale, rental, or for performance or exhibition to the public under license, but does not include an excerpt consisting of less than substantially all of a recording or audiovisual work. A recording or audiovisual work
may be commercial regardless of whether the person who electronically disseminates it seeks commercial advantage or private financial gain from that dissemination.
(4) “Electronic dissemination” means initiating a transmission of, making available, or otherwise offering, a commercial recording or audiovisual work for distribution on the Internet or other digital network, regardless of whether someone else had previously electronically disseminated the same commercial recording or audiovisual work.
(5) “E-mail address” means a valid e-mail address, or the valid e-mail address of the holder of the account from which the dissemination took place.
(6) “Disclosing” means providing information in, attached to, or discernable or available in or through the process of disseminating or obtaining a commercial recording or audiovisual work in a manner that is accessible by any person engaged in disseminating or receiving the commercial recording or audiovisual work.
(h) Nothing in this section shall preclude prosecution under any other provision of law.
(Amended by Stats. 2010, Ch. 351, Sec. 8. (AB 819) Effective September 27, 2010. Note: This amendment deleted the provision, in former subd. (i), that made this section inoperative on Jan. 1, 2010.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Colorado Revised Statutes Title 18. Criminal Code §
18-3-602. Stalking--penalty--definitions--Vonnie's law

(1) A person commits stalking if directly, or indirectly through another person, the person knowingly:
(a) Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship; or
(b) Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or
(c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship in a
manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional
distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.
(2) For the purposes of this part 6:(a) Conduct “in connection with” a credible threat means acts that further, advance, promote, or have a continuity of purpose, and may occur before, during, or after the credible threat.
(b) “Credible threat” means a threat, physical action, or repeated conduct that would cause a reasonable person to be in fear for the person's safety or the safety of his or her immediate family or of someone with whom the person has or has had a continuing
relationship. The threat need not be directly expressed if the totality of the conduct would cause a reasonable person such fear.
(c) “Immediate family” includes the person's spouse and the person's parent, grandparent, sibling, or child.
(d) “Repeated” or “repeatedly” means on more than one occasion.
(3) A person who commits stalking:
(a) Commits a class 5 felony for a first offense except as otherwise provided in subsection (5) of this section; or
(b) Commits a class 4 felony for a second or subsequent offense, if the offense occurs within seven years after the date of a prior offense for which the person was convicted.
(4) Stalking is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401(10).

(5) If, at the time of the offense, there was a temporary or permanent protection order, injunction, or condition of bond, probation, or parole or any other court order in effect
against the person, prohibiting the behavior described in this section, the person commits a class 4 felony.

(6) Nothing in this section shall be construed to alter or diminish the inherent authority of the court to enforce its orders through civil or criminal contempt proceedings; however, before a criminal contempt proceeding is heard before the court, notice of the
proceedings shall be provided to the district attorney for the judicial district of the court where the proceedings are to be heard and the district attorney for the judicial district in which the alleged act of criminal contempt occurred. The district attorney for either
district shall be allowed to appear and argue for the imposition of contempt sanctions.(7) A peace officer shall have a duty to respond as soon as reasonably possible to a report of stalking and to cooperate with the alleged victim in investigating the report.
(8)(a) When a person is arrested for an alleged violation of this section, the fixing of bail for the crime of stalking shall be done in accordance with section 16-4-105(4), C.R.S., and a protection order shall issue in accordance with section 18-1-1001(5).
(b) This subsection (8) shall be known and may be cited as “Vonnie's law”.
(9) When a violation under this section is committed in connection with a violation of a court order, including but not limited to any protection order or any order that sets forth the conditions of a bond, any sentences imposed pursuant to this section and pursuant to section 18-6-803.5 or any sentence imposed in a contempt proceeding for violation of the court order shall be served consecutively and not concurrently.

Colorado Revised Statutes Title 18. Criminal Code §
18-5.5-102. Cybercrime
Current as of January 01, 2022 | Updated by Findlaw Staff
(1) A person commits cybercrime if the person knowingly:

(a) Accesses a computer, computer network, or computer system or any part thereof without authorization; exceeds authorized access to a computer, computer network, or computer system or any part thereof; or uses a computer, computer network, or computer system or any part thereof without authorization or in excess of authorized
access; or
(b) Accesses any computer, computer network, or computer system, or any part thereof for the purpose of devising or executing any scheme or artifice to defraud; or
(c) Accesses any computer, computer network, or computer system, or any part thereof to obtain, by means of false or fraudulent pretenses, representations, or promises, money; property; services; passwords or similar information through which a computer,
computer network, or computer system or any part thereof may be accessed; or other thing of value; or
(d) Accesses any computer, computer network, or computer system, or any part thereof to commit theft; or
(e) Without authorization or in excess of authorized access alters, damages, interrupts, or causes the interruption or impairment of the proper functioning of, or causes any damage to, any computer, computer network, computer system, computer software,
program, application, documentation, or data contained in such computer, computer network, or computer system or any part thereof; or
(f) Causes the transmission of a computer program, software, information, code, data, or command by means of a computer, computer network, or computer system or any
part thereof with the intent to cause damage to or to cause the interruption or impairment of the proper functioning of or that actually causes damage to or the interruption or impairment of the proper functioning of any computer, computer network, computer system, or part thereof; or

(g) Uses or causes to be used a software application that runs automated tasks over the internet to access a computer, computer network, or computer system, or any part thereof, that circumvents or disables any electronic queues, waiting periods, or other
technological measure intended by the seller to limit the number of event tickets that may be purchased by any single person in an online event ticket sale as defined in section 6-1-720, C.R.S.; or
(h) Solicits or offers to arrange a situation in which a minor may engage in prostitution, by means of using a computer, computer network, computer system, or any part thereof; or
(i) Directly or indirectly uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the payment card without the permission of the authorized user of the payment card, and with the intent to defraud
the authorized user, the issuer of the authorized user's payment card, or a merchant; or
(j) Directly or indirectly uses an encoding machine to place information encoded on the
payment card onto a different payment card without the permission of the authorized user of the payment card from which the information being reencoded was obtained, and with the intent to defraud the authorized user, the issuer of the authorized user's
payment card, or a merchant.
(2) Deleted by Laws 2000, Ch. 171, § 8, eff. July 1, 2000.
(3)(a) Except as provided in subsections (3)(b), (3)(b.5), and (3)(c) of this section, if the loss, damage, value of services, or thing of value taken, or cost of restoration or repair caused by a violation of this section is:
(I) Deleted by Laws 2018, Ch. 379, § 2, eff. Aug. 8, 2018.
(II) Less than three hundred dollars, cybercrime is a petty offense;(III) Three hundred dollars or more but less than one thousand dollars, cybercrime is a class 2 misdemeanor;
(IV) One thousand dollars or more but less than two thousand dollars, cybercrime is a class 1 misdemeanor;
(V) Two thousand dollars or more but less than five thousand dollars, cybercrime is a class 6 felony;
(VI) Five thousand dollars or more but less than twenty thousand dollars, cybercrime is a class 5 felony;
(VII) Twenty thousand dollars or more but less than one hundred thousand dollars, cybercrime is a class 4 felony;
(VIII) One hundred thousand dollars or more but less than one million dollars, cybercrime is a class 3 felony; and
(IX) One million dollars or more, cybercrime is a class 2 felony.
(b) Cybercrime committed in violation of subsection (1)(a) of this section is a class 2 misdemeanor.
(b.5) Cybercrime committed in violation of subsection (1)(h), (1)(i), or (1)(j) of this section is a class 5 felony.
(c)(I) Cybercrime committed in violation of subsection (1)(g) of this section is a class 2 misdemeanor.
(II) If cybercrime is committed to obtain event tickets, each ticket purchased shall constitute a separate offense.

(III) Subsection (1)(g) of this section shall not prohibit the resale of tickets in a secondary market by a person other than the event sponsor or promoter.
(d) Consistent with section 18-1-202, a prosecution for a violation of subsection (1)(g) of this section may be tried in the county where the event has been, or will be, held.
(4) Nothing in this section precludes punishment pursuant to any other section of law.
(5) Notwithstanding any other provision of this section, an individual may authorize an agent to access and process, on that individual's behalf, that individual's personal data or other information held on a computer, computer network, or computer system and that is otherwise accessible to the individual. An authorized agent remains liable for any unauthorized activity on a system under applicable unfair competition laws; the federal “Computer Fraud and Abuse Act”, 18 U.S.C. sec. 1030 et seq., as amended; and other
provisions of this section.

Colorado Revised Statutes Title 18. Criminal Code § 18-9-111. Harassment--Kiana Arellano's Law
(1) A person commits harassment if, with intent to harass, annoy, or alarm another person, he or she:
(a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or
(b) In a public place directs obscene language or makes an obscene gesture to or at another person; or
(c) Follows a person in or about a public place; or
(d) Repealed by Laws 1990, H.B.90-1118, § 11.

(e) Directly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, computer
system, or other interactive electronic medium in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, computer system, or other interactive electronic medium that is obscene; or
(f) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or
(g) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property; or
(h) Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response.
(1.5) As used in this section, unless the context otherwise requires, “obscene” means a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or
simulated, including masturbation, cunnilingus, fellatio, anilingus, or excretory functions.
(2)(a) A person who violates subsection (1)(a) or (1)(c) of this section or violates any provision of subsection (1) of this section with the intent to intimidate or harass another person, in whole or in part, because of that person's actual or perceived race; color;
religion; ancestry; national origin; physical or mental disability, as defined in section
18-9-121; sexual orientation, as defined in section 18-9-121; or transgender identity commits a class 1 misdemeanor.

(b) A person who violates subsection (1)(e), (1)(f), (1)(g), or (1)(h) of this section commits a class 2 misdemeanor.
(c) A person who violates subsection (1)(b) of this section commits a petty offense.
(3) Any act prohibited by paragraph (e) of subsection (1) of this section may be deemed to have occurred or to have been committed at the place at which the telephone call, electronic mail, or other electronic communication was either made or received.
(4) Repealed by Laws 2010, Ch. 88, § 2, eff. Aug. 11, 2010.
(5) Repealed by Laws 2010, Ch. 88, § 2, eff. Aug. 11, 2010.
(6) Repealed by Laws 2010, Ch. 88, § 2, eff. Aug. 11, 2010.
(7) Paragraph (e) of subsection (1) of this section shall be known and may be cited as “Kiana Arellano's Law”.
(8) This section is not intended to infringe upon any right guaranteed to any person by the first amendment to the United States constitution or to prevent the expression of any religious, political, or philosophical views.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

Substitute Senate Bill No. 1138
Public Act No. 11-232

AN ACT CONCERNING THE STRENGTHENING OF SCHOOL BULLYING LAWS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 10-222d of the general statutes is repealed and the following is substituted in lieu thereof (Ef ective July 1, 2011):
(a) As used in this section and sections 10-222g, as amended by this act, 10-222h, as amended by this act, and sections 4 and 9 of this act:
(1) "Bullying" means (A) the repeated use by one or more students of a written, oral or electronic communication, such as cyberbullying, directed at or referring to another student attending school
in the same school district, or (B) a physical act or gesture by one or more students repeatedly directed at another student attending school in the same school district, that: (i) Causes physical or
emotional harm to such student or damage to such student's property, (ii) places such student in reasonable fear of harm to himself or herself, or of damage to his or her property, (iii) creates a
hostile environment at school for such student, (iv) infringes on the rights of such student at school, or (v) substantially disrupts the education process or the orderly operation of a school. Bullying
shall include, but not be limited to, a written, oral or electronic communication or physical act or gesture based on any actual or perceived differentiating characteristic, such as race, color, religion,
ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status, academic status, physical appearance, or mental, physical, developmental or sensory
disability, or by association with an individual or group who has or is perceived to have one or more of such characteristics;
(2) "Cyberbullying" means any act of bullying through the use of the Internet, interactive and digital technologies, cellular mobile telephone or other mobile electronic devices or any electronic
communications;
(3) "Mobile electronic device" means any hand-held or other portable electronic equipment capable of providing data communication between two or more individuals, including, but not limited to, a
text messaging device, a paging device, a personal digital assistant, a laptop computer, equipment that is capable of playing a video game or a digital video disk, or equipment on which digital images
are taken or transmitted;
(4) "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic,
photoelectronic or photo-optical system;

(5) "Hostile environment" means a situation in which bullying among students is sufficiently severe or pervasive to alter the conditions of the school climate;
(6) "Outside of the school setting" means at a location, activity or program that is not school related, or through the use of an electronic device or a mobile electronic device that is not owned,
leased or used by a local or regional board of education;
(7) "School employee" means (A) a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or working in a public elementary, middle or high school; or (B) any other individual who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in a public elementary, middle or high school, pursuant to a contract with the local or regional board of education; and
(8) "School climate" means the quality and character of school life with a particular focus on the quality of the relationships within the school community between and among students and adults.
(b) Each local and regional board of education shall develop and implement a [policy] safe school climate plan to address the existence of bullying in its schools. Such [policy] plan shall: (1) Enable students to anonymously report acts of bullying to [teachers and school administrators] school employees and require students and the parents or guardians of students to be notified annually of
the process by which [they] students may make such reports, (2) enable the parents or guardians of students to file written reports of suspected bullying, (3) require [teachers and other school staff]
school employees who witness acts of bullying or receive [student] reports of bullying to orally notify [school administrators in writing] the safe school climate specialist, described in section 9 of this act, or another school administrator if the safe school climate specialist is unavailable, not later than one school day after such school employee witnesses or receives a report of bullying, and to file a written report not later than two school days after making such oral report, (4) require [school administrators to investigate any] the safe school climate specialist to investigate or supervise the investigation of all reports of bullying and ensure that such investigation is completed promptly after receipt of any written reports made under this section, [and] (5) require the safe school climate specialist to review any anonymous reports, except that no disciplinary action shall be taken solely on the basis of an anonymous report, [(5)] (6) include a prevention and intervention strategy, as defined by section 10-222g, as amended by this act, for school [staff] employees to deal with bullying, [(6)] (7) provide for the inclusion of language in student codes of conduct concerning bullying, [(7)] (8) require each school to notify the parents or guardians of students who commit any verified acts of bullying and the parents or guardians of students against whom such acts were directed [, and invite them to attend at least one meeting, (8) require each school] not later than forty-eight hours after the completion of the investigation described in subdivision (4) of this subsection, (9) require each school to invite the parents or guardians of a student who commits any verified act of bullying and the parents or guardians of the student against whom such act was directed to a meeting to communicate to such parents or guardians the measures being taken by the school to ensure the safety of the student against whom such act was directed and to prevent further acts of bullying, (10) establish a procedure for each school to document and maintain records relating to reports and investigations of bullying in such school and to maintain a list of the number of verified acts of bullying in such school and make such list available for public inspection, and [, within available appropriations,] annually report such number to the Department of Education, [annually] and in such manner as prescribed by the Commissioner of Education, [(9)] (11) direct the development of case-by-case interventions for addressing repeated incidents of bullying against a single individual or recurrently perpetrated bullying incidents by the same individual that may include both counseling and discipline, [and (10) identify the appropriate school personnel, which may include, but shall not be limited to, pupil services personnel, responsible for taking a bullying report and investigating the complaint] (12) prohibit discrimination and retaliation against an individual who reports or assists in the investigation of an act of bullying, (13) direct the development of student safety support plans for students against whom an act of bullying was directed that address safety measures the school will take to protect such students against further acts of bullying, (14) require the principal of a school, or the principal's designee, to notify the appropriate local law enforcement agency when such principal, or the principal's designee, believes that any acts of bullying constitute criminal conduct, (15) prohibit bullying (A) on school grounds,
at a school-sponsored or school-related activity, function or program whether on or off school grounds, at a school bus stop, on a school bus or other vehicle owned, leased or used by a local or
regional board of education, or through the use of an electronic device or an electronic mobile device owned, leased or used by the local or regional board of education, and (B) outside of the
school setting if such bullying (i) creates a hostile environment at school for the student against whom such bullying was directed, (ii) infringes on the rights of the student against whom such
bullying was directed at school, or (iii) substantially disrupts the education process or the orderly operation of a school, (16) require, at the beginning of each school year, each school to provide all
school employees with a written or electronic copy of the school district's safe school climate plan, and (17) require that all school employees annually complete the training described in section
10-220a, as amended by this act, or section 6 of this act. The notification required pursuant to subdivision [(7)] (8) of this subsection and the invitation required pursuant to subdivision (9) of this [section] subsection shall include a description of the response of school [staff] employees to such acts and any consequences that may result from the commission of further acts of bullying. [For
purposes of this section, "bullying" means any overt acts by a student or a group of students directed against another student with the intent to ridicule, harass, humiliate or intimidate the other student while on school grounds, at a school-sponsored activity or on a school bus, which acts are committed more than once against any student during the school year. Such policies may include provisions addressing bullying outside of the school setting if it has a direct and negative impact on a student's academic performance or safety in school. ]
(c) Not later than [February 1, 2009] January 1, 2012, each local and regional board of education shall [submit the policy] approve the safe school climate plan developed pursuant to this section and
submit such plan to the Department of Education. Not later than [July 1, 2009, each] thirty calendar days after approval of such plan by the local or regional board of education, the board shall make such plan available on the board's and each individual school in the school district's Internet web site and ensure that [the policy] such plan is included in the school district's publication of the rules, procedures and standards of conduct for schools and in all student handbooks.
(d) On and after July 1, 2012, and biennially thereafter, each local and regional board of education shall require each school in the district to complete an assessment using the school climate
assessment instruments, including surveys, approved and disseminated by the Department of Education pursuant to section 10-222h, as amended by this act. Each local and regional board of
education shall collect the school climate assessments for each school in the district and submit such school climate assessments to the department.
Sec. 2. Section 10-222g of the general statutes is repealed and the following is substituted in lieu thereof (Ef ective July 1, 2011):
For the purposes of section 10-222d, as amended by this act, the term "prevention and intervention strategy" may include, but is not limited to, (1) implementation of a positive behavioral interventions and supports process or another evidence-based model approach for safe school climate or for the prevention of bullying identified by the Department of Education, (2) [a school survey to determine the prevalence of bullying, (3) establishment of a bullying prevention coordinating committee with broad representation to review the survey results and implement the strategy, (4)] school rules prohibiting bullying, harassment and intimidation and establishing appropriate consequences for those who engage in such acts, [(5)] (3) adequate adult supervision of outdoor areas, hallways, the lunchroom and other specific areas where bullying is likely to occur,
[(6)] (4) inclusion of grade-appropriate bullying education and prevention curricula in kindergarten through high school, [(7)] (5) individual interventions with the bully, parents and school [staff]
employees, and interventions with the bullied child, parents and school [staff] employees, [(8)] (6) school-wide training related to safe school climate, (7) student peer training, education and support,
and [(9)] (8) promotion of parent involvement in bullying prevention through individual or team participation in meetings, trainings and individual interventions. Sec. 3. Section 10-222h of the general statutes is repealed and the following is substituted in lieu thereof (Ef ective July 1, 2011): (a) The Department of Education shall, within available appropriations, (1) [review and analyze the policies submitted to the department pursuant to section 10-222d, (2) examine the relationship between bullying, school climate and student outcomes, (3)] document school districts' articulated
needs for technical assistance and training related to safe learning and bullying, [(4)] (2) collect information on the prevention and intervention strategies used by schools to reduce the incidence of
bullying, improve school climate and improve reporting outcomes, [and (5)] (3) develop or recommend a model [policies] safe school climate plan for grades kindergarten to twelve, inclusive, [for the prevention of bullying] and (4) in collaboration with the Connecticut Association of Schools, disseminate to all public schools grade-level appropriate school climate assessment instruments approved by the department, including surveys, to be used by local and regional boards of education for the purposes of collecting information described in subdivision (2) of this subsection so that the department can monitor bullying prevention efforts over time and compare each district's progress to state trends. On or before February 1, 2010, and biennially thereafter, the department shall, in accordance with the provisions of section 11-4a, submit a report on the status of its efforts pursuant to this section including, but not limited to, the number of verified acts of bullying in the state, an analysis of the responsive action taken by school districts and any recommendations it may have regarding additional activities or funding to prevent bullying in schools and improve school climate to the joint standing committee of the General Assembly having cognizance of matters relating to education and to the select committee of the General Assembly having cognizance of matters relating to children.
(b) The department may accept private donations for the purposes of this section. Sec. 4. (NEW) (Ef ective July 1, 2011) (a) The Department of Education, in consultation with the State Education Resource Center, the Governor's Prevention Partnership and the Commission on Children, shall establish, within available appropriations, a state-wide safe school climate resource network for the identification, prevention and education of school bullying in the state. Such state-wide safe school climate resource network shall make available to all schools information, training opportunities and resource materials to improve the school climate to diminish bullying.
(b) The department may seek federal, state and municipal funding and may accept private donations for the administration of the state-wide safe school climate resource network. Sec. 5. Subsection (a) of section 10-220a of the general statutes is repealed and the following is substituted in lieu thereof (Ef ective July 1, 2011):
(a) Each local or regional board of education shall provide an in-service training program for its teachers, administrators and pupil personnel who hold the initial educator, provisional educator or
professional educator certificate. Such program shall provide such teachers, administrators and pupil personnel with information on (1) the nature and the relationship of drugs, as defined in subdivision (17) of section 21a-240, and alcohol to health and personality development, and procedures for discouraging their abuse, (2) health and mental health risk reduction education which includes, but need not be limited to, the prevention of risk-taking behavior by children and the relationship of such behavior to substance abuse, pregnancy, sexually transmitted diseases, including HIV-infection and AIDS, as defined in section 19a-581, violence, teen dating violence, domestic violence, child abuse and youth suicide, (3) the growth and development of exceptional children, including handicapped and gifted and talented children and children who may require special education, including, but not limited to, children with attention-deficit hyperactivity disorder or learning disabilities, and methods for identifying, planning for and working effectively with special needs children in a regular classroom, (4) school violence prevention, conflict resolution, the prevention of and response to youth suicide and the identification and prevention of and response to bullying, as defined in subsection (a) of section 10-222d, as amended by this act, except that those boards of education that implement [an] any evidence-based model approach [,] that is approved by the Department of Education and is consistent with subsection (d) of section 10-145a, as amended by this act, subsection (a) of section 10-220a, as amended by this act, sections 10-222d, as amended by this act, 10-222g, as amended by this act, and 10-222h, as amended by this act, subsection (g) of section 10-233c and sections 1 and 3 of public act 08-160, shall not be required to provide in-service training on the identification and prevention of and response to bullying, (5) cardiopulmonary resuscitation and other emergency life saving procedures, (6) computer and other information technology as applied to student learning and classroom instruction, communications and data management, (7) the teaching of the language arts, reading and reading readiness for teachers in grades kindergarten to three, inclusive, and (8) second language acquisition in districts required to provide a program of bilingual education pursuant to section 10-17f. Each local and regional board of education may allow any paraprofessional or noncertified employee to participate, on a voluntary basis, in any in-service training program provided pursuant to this section. The State Board of Education, within available appropriations and utilizing available materials, shall assist and encourage local and regional boards of education to include: (A) Holocaust education and awareness; (B) the historical events surrounding the Great Famine in Ireland; (C) African-American history; (D) Puerto Rican history; (E) Native American history; (F) personal financial management; (G) domestic violence and teen dating violence; and (H) topics approved by the state board upon the request of local or regional boards of education as part of in-service training programs pursuant to this subsection.
Sec. 6. (NEW) (Ef ective July 1, 2011) The Department of Education shall provide, within available appropriations, annual training to school employees, as defined in section 10-222d of the general
statutes, as amended by this act, except those school employees who hold the initial educator, provisional educator or professional educator certificate, on the prevention, identification and response to school bullying, as defined in section 10-222d of the general statutes, as amended by this act, and the prevention of and response to youth suicide. Such training may include, but not be limited to, (1) developmentally appropriate strategies to prevent bullying among students in school and outside of the school setting, (2) developmentally appropriate strategies for immediate and
effective interventions to stop bullying, (3) information regarding the interaction and relationship between students committing acts of bullying, students against whom such acts of bullying are directed and witnesses of such acts of bullying, (4) research findings on bullying, such as information about the types of students who have been shown to be at-risk for bullying in the school setting, (5) information on the incidence and nature of cyberbullying, as defined in section 10-222d of the general statutes, as amended by this act, (6) Internet safety issues as they relate to cyberbullying, or (7) information on the incidence of youth suicide, methods of identifying youths at risk of suicide and developmentally appropriate strategies for effective interventions to prevent youth suicide. Such training may be presented in person by mentors, offered in state-wide workshops or through on-line courses. Sec. 7. Subdivision (1) of subsection (e) of section 10-145o of the general statutes is repealed and the following is substituted in lieu thereof (Ef ective July 1, 2011):

(e) (1) Beginning teachers shall satisfactorily complete instructional modules in the following areas:
(A) Classroom management and climate, which shall include training regarding the prevention, identification and response to school bullying, as defined in section 10-222d, as amended by this act,
and the prevention of and response to youth suicide; (B) lesson planning and unit design; (C) delivering instruction; (D) assessing student learning; and (E) professional practice. Beginning
teachers shall complete two modules in their first year in the program and three modules in their second year in the program, except as otherwise provided by the Commissioner of Education, or as provided for in subsection (h) of this section. Sec. 8. Subsection (d) of section 10-145a of the general statutes is repealed and the following is substituted in lieu thereof (Ef ective July 1, 2011):
(d) Any candidate in a program of teacher preparation leading to professional certification shall [be encouraged to] complete a school violence, bullying, as defined in section 10-222d, as amended by
this act, and suicide prevention and conflict resolution component of such a program.
Sec. 9. (NEW) (Ef ective July 1, 2011) (a) For the school year commencing July 1, 2012, and each school year thereafter, the superintendent of each local or regional board of education shall appoint, from among existing school district staff, a district safe school climate coordinator. The district safe school climate coordinator shall: (1) Be responsible for implementing the district's safe school climate plan, developed pursuant to section 10-222d of the general statutes, as amended by this act,
(2) collaborate with the safe school climate specialists, described in subsection (b) of this section, the board of education for the district and the superintendent of schools of the school district to
prevent, identify and respond to bullying in the schools of the district, (3) provide data and information, in collaboration with the superintendent of schools of the district, to the Department of
Education regarding bullying, in accordance with the provisions of subsection (b) of section 10-222d of the general statutes, as amended by this act, and subsection (a) of section 10-222h of the general statutes, as amended by this act, and (4) meet with the safe school climate specialists at least twice during the school year to discuss issues relating to bullying in the school district and to make
recommendations concerning amendments to the district's safe school climate plan.
(b) For the school year commencing July 1, 2012, and each school year thereafter, the principal of each school, or the principal's designee, shall serve as the safe school climate specialist and shall (1) investigate or supervise the investigation of reported acts of bullying in the school in accordance with the district's safe school climate plan, (2) collect and maintain records of reports and
investigations of bullying in the school, and (3) act as the primary school official responsible for preventing, identifying and responding to reports of bullying in the school.
(c) (1) For the school year commencing July 1, 2012, and each school year thereafter, the principal of each school shall establish a committee or designate at least one existing committee in the school
to be responsible for developing and fostering a safe school climate and addressing issues relating to bullying in the school. Such committee shall include at least one parent or guardian of a student
enrolled in the school appointed by the school principal.

(2) Any such committee shall: (A) receive copies of completed reports following investigations of bullying, (B) identify and address patterns of bullying among students in the school, (C) review and amend school policies relating to bullying, (D) review and make recommendations to the district safe school climate coordinator regarding the district's safe school climate plan based on issues and
experiences specific to the school, (E) educate students, school employees and parents and guardians of students on issues relating to bullying, (F) collaborate with the district safe school climate coordinator in the collection of data regarding bullying, in accordance with the provisions of subsection (b) of section 10-222d of the general statutes, as amended by this act, and subsection
(a) of section 10-222h of the general statutes, as amended by this act, and (G) perform any other duties as determined by the school principal that are related to the prevention, identification and
response to school bullying for the school.
(3) Any parent or guardian serving as a member of any such committee shall not participate in the activities described in subparagraphs (A) and (B) of subdivision (2) of this subsection or any other activity that may compromise the confidentiality of a student.
Sec. 10. (NEW) (Ef ective July 1, 2011) (a) No claim for damages shall be made against a school employee, as defined in section 10-222d of the general statutes, as amended by this act, who reports,
investigates and responds to bullying, as defined in said section 10-222d, in accordance with the provisions of the safe school climate plan, described in said section 10-222d, if such school employee
was acting in good faith in the discharge of his or her duties or within the scope of his or her employment. The immunity provided in this subsection does not apply to acts or omissions constituting gross, reckless, wilful or wanton misconduct.
(b) No claim for damages shall be made against a student, parent or guardian of a student or any other individual who reports an act of bullying to a school employee, in accordance with the provisions of the safe school climate plan described in said section 10-222d, if such individual was acting in good faith. The immunity provided in this subsection does not apply to acts or omissions constituting gross, reckless, wilful or wanton misconduct.
(c) No claim for damages shall be made against a local or regional board of education that implements the safe school climate plan, described in section 10-222d of the general statutes, as amended by this act, and reports, investigates and responds to bullying, as defined in said section 10-222d, if such local or regional board of education was acting in good faith in the discharge of its duties. The immunity provided in this subsection does not apply to acts or omissions constituting gross, reckless, wilful or wanton misconduct.

Approved July 13, 2011

Sec. 53a-181c. Stalking in the first degree: Class D felony. (a) A person is guilty of stalking in the first degree when such person commits stalking in the second degree as provided in section 53a-181d, and (1) such person has previously been convicted of a violation of section 53a-181d, (2) such conduct violates a court order in effect at the time of the offense, (3) such person is twenty-two years of age or older and the other person is under sixteen years of age, or (4) such person intentionally directs such conduct at the other person, in whole or in part, because of the actual or perceived race, religion, ethnicity, disability, sex, sexual orientation or gender identity or expression of such other person.
(b) Stalking in the first degree is a class D felony.
(P.A. 92-237, S. 1; P.A. 12-114, S. 11; P.A. 21-56, S. 1.)

Sec. 53a-181d. Stalking in the second degree: Class A misdemeanor. (a) For the purposes of this section:
(1) “Course of conduct” means two or more acts, including, but not limited to, acts in which a person directly, indirectly or through a third party, by any action, method, device or means, including, but not
limited to, electronic or social media, (A) follows, lies in wait for, monitors, observes, surveils, threatens, harasses, communicates about or with or sends unwanted gifts to, a person, or (B) interferes with a person's property;
(2) “Emotional distress” means significant mental or psychological suffering or distress that may or may not require medical or other professional treatment or counseling; and
(3) “Personally identifying information” means:
(A) Any information that can be used to distinguish or trace an individual's identity, such as name, prior legal name, alias, mother's maiden name, Social Security number, date or place of birth, address,
telephone number or biometric data;
(B) Any information that is linked or linkable to an individual, such as medical, financial, education, consumer or employment information, data or records; or
(C) Any other sensitive private information that is linked or linkable to a specific identifiable individual, such as gender identity, sexual orientation or any sexually intimate visual depiction.
(b) A person is guilty of stalking in the second degree when:
(1) Such person knowingly engages in a course of conduct directed at or concerning a specific person that would cause a reasonable person to (A) fear for such specific person's physical safety or the physical
safety of a third person; (B) suffer emotional distress; or (C) fear injury to or the death of an animal owned by or in possession and control of such specific person;

(2) Such person with intent to harass, terrorize or alarm, and for no legitimate purpose, engages in a course of conduct directed at or concerning a specific person that would cause a reasonable person to fear that such person's employment, business or career is threatened, where (A) such conduct consists of the actor telephoning to, appearing at or initiating communication or contact to such other person's place of employment or business, including electronically, through video-teleconferencing or by digital media, provided the actor was previously and clearly informed to cease such conduct, and (B) such conduct does not consist of constitutionally protected activity; or
(3) Such person, for no legitimate purpose and with intent to harass, terrorize or alarm, by means of electronic communication, including, but not limited to, electronic or social media, discloses a specific
person's personally identifiable information without consent of the person, knowing, that under the circumstances, such disclosure would cause a reasonable person to:
(A) Fear for such person's physical safety or the physical safety of a third person; or
(B) Suffer emotional distress.
(c) For the purposes of this section, a violation may be deemed to have been committed either at the place where the communication originated or at the place where it was received.
(d) Stalking in the second degree is a class A misdemeanor.
(P.A. 92-237, S. 2; P.A. 12-114, S. 12; P.A. 17-31, S. 1; P.A. 21-56, S. 2.)

Sec. 53a-181e. Stalking in the third degree: Class B misdemeanor. (a) A person is guilty of stalking in the third degree when such person recklessly causes another person to reasonably (1) fear for his or her physical safety, or (2) suffer emotional distress, as defined in section 53a-181d, by wilfully and repeatedly following or lying in wait for such other person.
(b) Stalking in the third degree is a class B misdemeanor.
(P.A. 95-214, S. 1; P.A. 17-31, S. 2.)

Sec. 53a-181f. Electronic stalking: Class D felony. (a) A person is guilty of electronic stalking when such person, with the intent to kill, injure, harass or intimidate, uses any interactive computer service or
electronic communication service, electronic communication system or electronic monitoring system to place another person under surveillance or otherwise to engage in a course of conduct that: (1) Places such other person in reasonable fear of the death of or serious bodily injury to (A) such person, (B) an immediate family member of such person, or (C) an intimate partner of such person; or (2) causes,attempts to cause or would be reasonably expected to cause substantial emotional distress to a person described in subparagraph (A), (B) or (C) of subdivision (1) of this subsection. (b) For purposes of subsection (a) of this section, (1) “immediate family member” means (A) a spouse, parent, brother or sister or a child of the person or person to whom the person stands in loco parentis, or
(B) any person living in the household and related to the person by blood or marriage, and (2) “intimate partner” means a (A) former spouse, (B) person who has a child in common with the person regardless of whether they are or have been married or are living or have lived together at any time, or (C) person in, or who has recently been in, a dating relationship with the person. (c) Electronic stalking is a class D felony.(P.A. 15-175, S. 1; P.A. 21-102, S. 8.)

Sec. 53a-182b. Harassment in the first degree: Class D felony. (a) A person is guilty of harassment in the first degree when, with the intent to harass, annoy, alarm or terrorize another person, he threatens to kill or physically injure that person or any other person, and communicates such threat by telephone, or by telegraph, mail, computer network, as defined in section 53a-250, or any other form of writtencommunication, in a manner likely to cause annoyance or alarm and has been convicted of a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, a class A felony, a class B felony, except a conviction under section 53a-86 or 53a-122, a class C felony, except a conviction under section 53a-87, 53a-152 or 53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive, 53a-72a, 53a-72b, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216. For the purposes of this section, “convicted” means having a judgment of conviction entered by a court of competent jurisdiction. (b) For the purposes of this section, such offense may be deemed to have been committed either at the
place where the communication originated or at the place where it was received.
(c) The court may order any person convicted under this section to be examined by one or more psychiatrists.
(d) Harassment in the first degree is a class D felony.
(P.A. 90-282, S. 1; P.A. 95-143, S. 1; P.A. 12-5, S. 22; P.A. 14-233, S. 4; 14-234, S. 2.)

Sec. 53a-183. Harassment in the second degree: Class C misdemeanor. (a) A person is guilty of harassment in the second degree when with intent to harass, terrorize or alarm another person, and for no legitimate purpose, such person: (1) Communicates with a person by telegraph or mail, electronically transmitting a facsimile through connection with a telephone network, electronic mail or text message or any other electronically sent message, whether by digital media account, messaging program or application, or otherwise by computer, computer service or computer network, as defined in section 53a-250, or any other form of communication, in a manner likely to cause terror, intimidation or alarm;
(2) makes a telephone call or engages in any other form of communication, whether or not a conversation ensues, in a manner likely to cause terror, intimidation or alarm; or (3) communicates or shares a photograph, video or words or engages in any other form of communication to a digital, electronic, online or other meeting space, in a manner likely to cause terror, intimidation or alarm.
(b) For the purposes of this section, such offense may be deemed to have been committed either at the place where the communication originated or at the place where it was received.
(c) The court may order any person convicted under this section to be examined by one or more psychiatrists.
(d) Harassment in the second degree is a class C misdemeanor.
(1969, P.A. 828, S. 185; 1971, P.A. 871, S. 44; P.A. 89-103, S. 2; P.A. 90-282, S. 2; P.A. 95-143,

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

Delaware Code Title 11. Crimes and Criminal Procedure §
1311. Harassment; class A misdemeanor
(a) A person is guilty of harassment when, with intent to harass, annoy or alarm another person:
(1) That person insults, taunts or challenges another person or engages in any other course of alarming or distressing conduct which serves no legitimate purpose and is in a manner which the person knows is likely to provoke a violent or disorderly response or
cause a reasonable person to suffer fear, alarm, or distress;
(2) Communicates with a person by telephone, telegraph, mail or any other form of written or electronic communication in a manner which the person knows is likely to cause annoyance or alarm including, but not limited to, intrastate telephone calls initiated by vendors for the purpose of selling goods or services;
(3) Knowingly permits any telephone under that person’s control to be used for a purpose prohibited by this section;
(4) In the course of a telephone call that person uses obscene language or language suggesting that the recipient of the call engage with that person or another person in sexual relations of any sort, knowing that the person is thereby likely to cause annoyance or alarm to the recipient of the call; or
(5) Makes repeated or anonymous telephone calls to another person whether or not conversation ensues, knowing that person is thereby likely to cause annoyance or alarm.
(b) Harassment is a class A misdemeanor.

Delaware Code Title 11. Crimes and Criminal Procedure §
1312. Stalking; class G felony F felony C felony

(a) A person is guilty of stalking when the person knowingly engages in a course of conduct directed at a specific person and that conduct would cause a reasonable person to:
(1) Fear physical injury to himself or herself or that of another person; or
(2) Suffer other significant mental anguish or distress that may, but does not necessarily, require medical or other professional treatment or counseling.
(b) A violation of subsection (a) of this section is a class G felony.
(c) Stalking is a class F felony if a person is guilty of stalking and 1 or more of the following exists:
(1) The person is age 21 or older and the victim is under the age of 14; or
(2) The person violated any order prohibiting contact with the victim; or
(3) The victim is age 62 years of age or older; or
(4) The course of conduct includes a threat of death or threat of serious physical injury to the victim, or to another person; or
(5) The person causes physical injury to the victim.
(d) Stalking is a class C felony if the person is guilty of stalking and 1 or more of the following exists:
(1) The person possesses a deadly weapon during any act; or
(2) The person causes serious physical injury to the victim.

(e)Definitions.--The following terms shall have the following meaning as used in this section:
(1) “Course of conduct” means 3 or more separate incidents, including, but not limited to, acts in which the person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveys, threatens, or
communicates to or about another, or interferes with, jeopardizes, damages, or disrupts another’s daily activities, property, employment, business, career, education, or medical care. A conviction is not required for any predicate act relied upon to establish a course of conduct. A conviction for any predicate act relied upon to establish a course of conduct does not preclude prosecution under this section. Prosecution under this section does not preclude prosecution under any other section of the Code.
(2) “A reasonable person” means a reasonable person in the victim’s circumstances.
(f) Notwithstanding any contrary provision of § 4205 of this title, any person who commits the crime of stalking by engaging in a course of conduct which includes any act or acts which have previously been prohibited by a then-existing court order or sentence shall receive a minimum sentence of 6 months incarceration at Level V. The
first 6 months of said period of incarceration shall not be subject to suspension.
(g) Notwithstanding any contrary provision of § 4205 of this title, any person who is convicted of stalking within 5 years of a prior conviction of stalking shall receive a minimum sentence of 1 year incarceration at Level V. The first year of said period of
incarceration shall not be subject to suspension.
(h) In any prosecution under this law, it shall not be a defense that the perpetrator was not given actual notice that the course of conduct was unwanted; or that the perpetrator did not intend to cause the victim fear or other emotional distress.

(i) In any prosecution under this section, it is an affirmative defense that the person charged was engaged in lawful picketing.
(j) This section shall not apply to conduct which occurs in furtherance of legitimate activities of law-enforcement, private investigators, security officers or private detectives as those activities are defined in Chapter 13 of Title 24.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Florida Statutes Title XXVII. Railroads and Other
Regulated Utilities § 365.16. Obscene or harassing
telephone calls
(1) Whoever:
(a) Makes a telephone call to a location at which the person receiving the call has a reasonable expectation of privacy; during such call makes any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, vulgar, or indecent; and
by such call or such language intends to offend, annoy, abuse, threaten, or harass any person at the called number;
(b) Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to annoy, abuse, threaten, or harass any person at the called number;
(c) Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or
(d) Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number,
is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082
or s. 775.083.
(2) Whoever knowingly permits any telephone under his or her control to be used for any purpose prohibited by this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Each telephone directory hereafter published for distribution to the members of the general public shall contain a notice which explains this law; such notice shall be printed in type which is no smaller than the smallest type on the same page and shall be
preceded by the word “warning.” The provisions of this section shall not apply to directories solely for business advertising purposes, commonly known as classified directories.
(4) Each telephone company in this state shall cooperate with the law enforcement agencies of this state in using its facilities and personnel to detect and prevent violations of this section.
(5) Nothing contained in this section shall apply to telephone calls made in good faith in the ordinary course of business or commerce.

Florida Statutes Title XXXIII. Regulation of Trade, Commerce, Investments, and Solicitations § 501.2041.
Unlawful acts and practices by social media platforms

(1) As used in this section, the term:
(a) “Algorithm” means a mathematical set of rules that specifies how a group of data behaves and that will assist in ranking search results and maintaining order or that is used in sorting or ranking content or material based on relevancy or other factors instead of using published time or chronological order of such content or material.
(b) “Censor” includes any action taken by a social media platform to delete, regulate, restrict, edit, alter, inhibit the publication or republication of, suspend a right to post, remove, or post an addendum to any content or material posted by a user. The term
also includes actions to inhibit the ability of a user to be viewable by or to interact with another user of the social media platform.

(c) “Deplatform” means the action or practice by a social media platform to permanently delete or ban a user or to temporarily delete or ban a user from the social media platform for more than 14 days.
(d) “Journalistic enterprise” means an entity doing business in Florida that:
1. Publishes in excess of 100,000 words available online with at least 50,000 paid subscribers or 100,000 monthly active users;
2. Publishes 100 hours of audio or video available online with at least 100 million viewers annually;
3. Operates a cable channel that provides more than 40 hours of content per week to more than 100,000 cable television subscribers; or
4. Operates under a broadcast license issued by the Federal Communications Commission.
(e) “Post-prioritization” means action by a social media platform to place, feature, or prioritize certain content or material ahead of, below, or in a more or less prominent position than others in a newsfeed, a feed, a view, or in search results. The term does
not include post-prioritization of content and material of a third party, including other users, based on payments by that third party, to the social media platform.
(f) “Shadow ban” means action by a social media platform, through any means, whether the action is determined by a natural person or an algorithm, to limit or eliminate the exposure of a user or content or material posted by a user to other users of the social
media platform. This term includes acts of shadow banning by a social media platform which are not readily apparent to a user.

(g) “Social media platform” means any information service, system, Internet search engine, or access software provider that:
1. Provides or enables computer access by multiple users to a computer server, including an Internet platform or a social media site;
2. Operates as a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity;
3. Does business in the state; and
4. Satisfies at least one of the following thresholds:
a. Has annual gross revenues in excess of $100 million, as adjusted in January of each odd-numbered year to reflect any increase in the Consumer Price Index.
b. Has at least 100 million monthly individual platform participants globally.
(h) “User” means a person who resides or is domiciled in this state and who has an account on a social media platform, regardless of whether the person posts or has posted content or material to the social media platform.
(2) A social media platform that fails to comply with any of the provisions of this subsection commits an unfair or deceptive act or practice as specified in s. 501.204.
(a) A social media platform must publish the standards, including detailed definitions, it uses or has used for determining how to censor, deplatform, and shadow ban.
(b) A social media platform must apply censorship, deplatforming, and shadow banning standards in a consistent manner among its users on the platform.

(c) A social media platform must inform each user about any changes to its user rules, terms, and agreements before implementing the changes and may not make changes more than once every 30 days.
(d) A social media platform may not censor or shadow ban a user's content or material or deplatform a user from the social media platform:
1. Without notifying the user who posted or attempted to post the content or material; or
2. In a way that violates this part.
(e) A social media platform must:
1. Provide a mechanism that allows a user to request the number of other individual platform participants who were provided or shown the user's content or posts.
2. Provide, upon request, a user with the number of other individual platform participants who were provided or shown content or posts.
(f) A social media platform must:
1. Categorize algorithms used for post-prioritization and shadow banning.
2. Allow a user to opt out of post-prioritization and shadow banning algorithm categories to allow sequential or chronological posts and content.
(g) A social media platform must provide users with an annual notice on the use of algorithms for post-prioritization and shadow banning and reoffer annually the opt-out opportunity in subparagraph (f)2.
(h) A social media platform may not apply or use post-prioritization or shadow banning algorithms for content and material posted by or about a user who is known by the social media platform to be a candidate as defined in s. 106.011(3)(e), beginning on the date of qualification and ending on the date of the election or the date the candidate ceases to be a candidate. Post-prioritization of certain content or material from or about a candidate for office based on payments to the social media platform by such candidate for office or a third party is not a violation of this paragraph. A social media
platform must provide each user a method by which the user may be identified as a qualified candidate and which provides sufficient information to allow the social media platform to confirm the user's qualification by reviewing the website of the Division of Elections or the website of the local supervisor of elections.
(i) A social media platform must allow a user who has been deplatformed to access or retrieve all of the user's information, content, material, and data for at least 60 days after the user receives the notice required under subparagraph (d)1.
(j) A social media platform may not take any action to censor, deplatform, or shadow ban a journalistic enterprise based on the content of its publication or broadcast. Post-prioritization of certain journalistic enterprise content based on payments to the
social media platform by such journalistic enterprise is not a violation of this paragraph. This paragraph does not apply if the content or material is obscene as defined in s. 847.001.
(3) For purposes of subparagraph (2)(d)1., a notification must:
(a) Be in writing.
(b) Be delivered via electronic mail or direct electronic notification to the user within 7 days after the censoring action.
(c) Include a thorough rationale explaining the reason that the social media platform censored the user.

(d) Include a precise and thorough explanation of how the social media platform became aware of the censored content or material, including a thorough explanation of the algorithms used, if any, to identify or flag the user's content or material as objectionable.
(4) Notwithstanding any other provisions of this section, a social media platform is not required to notify a user if the censored content or material is obscene as defined in s. 847.001.
(5) If the department, by its own inquiry or as a result of a complaint, suspects that a violation of this section is imminent, occurring, or has occurred, the department may investigate the suspected violation in accordance with this part. Based on its
investigation, the department may bring a civil or administrative action under this part.
For the purpose of bringing an action pursuant to this section, ss. 501.211 and 501.212 do not apply.
(6) A user may only bring a private cause of action for violations of paragraph (2)(b) or subparagraph (2)(d)1. In a private cause of action brought under paragraph (2)(b) or subparagraph (2)(d)1., the court may award the following remedies to the user:
(a) Up to $100,000 in statutory damages per proven claim.
(b) Actual damages.
(c) If aggravating factors are present, punitive damages.
(d) Other forms of equitable relief, including injunctive relief.
(e) If the user was deplatformed in violation of paragraph (2)(b), costs and reasonable attorney fees.

(7) For purposes of bringing an action in accordance with subsections (5) and (6), each failure to comply with the individual provisions of subsection (2) shall be treated as a separate violation, act, or practice. For purposes of bringing an action in accordance
with subsections (5) and (6), a social media platform that censors, shadow bans, deplatforms, or applies post-prioritization algorithms to candidates and users in the state is conclusively presumed to be both engaged in substantial and not isolated activities within the state and operating, conducting, engaging in, or carrying on a business, and doing business in this state, and is therefore subject to the jurisdiction of the courts of the state.
(8) In an investigation by the department into alleged violations of this section, the department's investigative powers include, but are not limited to, the ability to subpoena any algorithm used by a social media platform related to any alleged violation.
(9) This section may only be enforced to the extent not inconsistent with federal law and 47 U.S.C. s. 230(e)(3), and notwithstanding any other provision of state law.
(10)(a) All information received by the department pursuant to an investigation by the department or a law enforcement agency of a violation of this section is confidential
and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the investigation is completed or ceases to be active. This exemption shall be in conformity with s. 119.071(2)(c).
(b) During an active investigation, information made confidential and exempt pursuant to paragraph (a) may be disclosed by the department:
1. In the performance of its official duties and responsibilities; or
2. To another governmental entity in performance of its official duties and responsibilities.

(c) Once an investigation is completed or ceases to be active, the following informationreceived by the department shall remain co nfidential and exempt from s. 119.07(1) and
s. 24(a), Art. I of the State Constitution:
1. All information to which another public records exemption applies.
2. Personal identifying information.
3. A computer forensic report.
4. Information that would otherwise reveal weaknesses in a business' data security.
5. Proprietary business information.
(d) For purposes of this subsection, the term “proprietary business information” means information that:
1. Is owned or controlled by the business;
2. Is intended to be private and is treated by the business as private because disclosure would harm the business or its business operations;
3. Has not been disclosed except as required by law or a private agreement that provides that the information will not be released to the public;
4. Is not publicly available or otherwise readily ascertainable through proper means from another source in the same configuration as received by the department; and
5. Includes:
a. Trade secrets as defined in s. 688.002.
b. Competitive interests, the disclosure of which would impair the competitive advantage of the business that is the subject of the information.

(e) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2026, unless reviewed and saved from repeal through reenactment by the Legislature.

Florida Statutes Title XLVI. Crimes § 784.046. Action by
victim of repeat violence, sexual violence, or dating
violence for protective injunction; dating violence
investigations, notice to victims, and reporting; pretrial
release violations; public records exemption

(1) As used in this section, the term:(a) “Violence” means any assault, aggravated assault, battery, aggravated battery,
sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.
(b) “Repeat violence” means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member.
(c) “Sexual violence” means any one incident of:
1. Sexual battery, as defined in chapter 794;
2. A lewd or lascivious act, as defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age;
3. Luring or enticing a child, as described in chapter 787;
4. Sexual performance by a child, as described in chapter 827; or

5. Any other forcible felony wherein a sexual act is committed or attempted, regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the state attorney.
(d) “Dating violence” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors:
1. A dating relationship must have existed within the past 6 months;
2. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and
3. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.
The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.
(2) There is created a cause of action for an injunction for protection in cases of repeat violence, there is created a separate cause of action for an injunction for protection in cases of dating violence, and there is created a separate cause of action for an injunction for protection in cases of sexual violence.
(a) Any person who is the victim of repeat violence or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against repeat violence on behalf of the minor child has standing in the circuit court to file a
verified petition for an injunction for protection against repeat violence.
(b) Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or any person who has reasonable cause to believe he or she is in imminent
danger of becoming the victim of an act of dating violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child, has standing in the circuit court to file a verified petition for an injunction for protection against dating
violence.
(c) A person who is the victim of sexual violence or the parent or legal guardian of a minor child who is living at home who is the victim of sexual violence has standing in the circuit court to file a verified petition for an injunction for protection against sexual
violence on his or her own behalf or on behalf of the minor child if:
1. The person has reported the sexual violence to a law enforcement agency and is cooperating in any criminal proceeding against the respondent, regardless of whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by
the state attorney; or
2. The respondent who committed the sexual violence against the victim or minor child was sentenced to a term of imprisonment in state prison for the sexual violence and the respondent's term of imprisonment has expired or is due to expire within 90 days
following the date the petition is filed.
(d) A cause of action for an injunction may be sought whether or not any other petition, complaint, or cause of action is currently available or pending between the parties.

(e) A cause of action for an injunction does not require that the petitioner be represented by an attorney.
(3)(a) The clerk of the court shall provide a copy of this section, simplified forms, and clerical assistance for the preparation and filing of such a petition by any person who is not represented by counsel.
(b) Notwithstanding any other law, the clerk of the court may not assess a fee for filing a petition for protection against repeat violence, sexual violence, or dating violence. However, subject to legislative appropriation, the clerk of the court may, each quarter, submit to the Office of the State Courts Administrator a certified request for reimbursement for petitions for protection issued by the court under this section at the rate of $40 per petition. The request for reimbursement shall be submitted in the form and manner prescribed by the Office of the State Courts Administrator. From this
reimbursement, the clerk shall pay the law enforcement agency serving the injunction the fee requested by the law enforcement agency; however, this fee may not exceed $20.
(c) No bond shall be required by the court for the entry of an injunction.
(d) The clerk of the court shall provide the petitioner with a certified copy of any injunction for protection against repeat violence, sexual violence, or dating violence entered by the court.
(4)(a) The verified petition shall allege the incidents of repeat violence, sexual violence, or dating violence and shall include the specific facts and circumstances that form the basis upon which relief is sought. With respect to a minor child who is living at home,
the parent or legal guardian seeking the protective injunction on behalf of the minor child must:

1. Have been an eyewitness to, or have direct physical evidence or affidavits from eyewitnesses of, the specific facts and circumstances that form the basis upon which relief is sought, if the party against whom the protective injunction is sought is also a parent, stepparent, or legal guardian of the minor child; or
2. Have reasonable cause to believe that the minor child is a victim of repeat violence, sexual violence, or dating violence to form the basis upon which relief is sought, if the party against whom the protective injunction is sought is a person other than a parent, stepparent, or legal guardian of the minor child.
(b) The verified petition must be in substantially the following form:
PETITION FOR INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE, SEXUAL VIOLENCE, OR DATING VIOLENCEThe undersigned petitioner ...(name)... declares under penalties of perjury that thefollowing statements are true:
1. Petitioner resides at ...(address)... (A petitioner for an injunction for protection against sexual violence may furnish an address to the court in a separate confidential filing if, for safety reasons, the petitioner requires the location of his or her current residence to
be confidential pursuant to s. 119.071(2)(j), Florida Statutes.)
2. Respondent resides at ...(address)...
3. a. Petitioner has suffered repeat violence as demonstrated by the fact that the respondent has:
...(enumerate incidents of violence)...

b. Petitioner has suffered sexual violence as demonstrated by the fact that the respondent has: ...(enumerate incident of violence and include incident report number from law enforcement agency or attach notice of inmate release)...

c. Petitioner is a victim of dating violence and has reasonable cause to believe that he or she is in imminent danger of becoming the victim of another act of dating violence or has reasonable cause to believe that he or she is in imminent danger of becoming a
victim of dating violence, as demonstrated by the fact that the respondent has: ...(list the specific incident or incidents of violence and describe the length of time of the relationship, whether it has been in existence during the last 6 months, the nature of the
relationship of a romantic or intimate nature, the frequency and type of interaction, and any other facts that characterize the relationship)

4. Petitioner genuinely fears repeat violence by the respondent.
5. Petitioner seeks: an immediate injunction against the respondent, enjoining him or
her from committing any further acts of violence; an injunction enjoining the respondent from committing any further acts of violence; and an injunction providing any terms the
court deems necessary for the protection of the petitioner and the petitioner's immediate family, including any injunctions or directives to law enforcement agencies.
(c) Every petition for an injunction against sexual violence, dating violence, or repeat violence must contain, directly above the signature line, a statement in all capital letters and bold type not smaller than the surrounding text, as follows:
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTIES OF
PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525, FLORIDA STATUTES.
(initials)
(5) Upon the filing of the petition, the court shall set a hearing to be held at the earliest possible time. The respondent shall be personally served with a copy of the petition, notice of hearing, and temporary injunction, if any, prior to the hearing.
(6)(a) When it appears to the court that an immediate and present danger of violence exists, the court may grant a temporary injunction which may be granted in an ex parte hearing, pending a full hearing, and may grant such relief as the court deems proper, including an injunction enjoining the respondent from committing any acts of violence.
(b) Except as provided in s. 90.204, in a hearing ex parte for the purpose of obtaining such temporary injunction, no evidence other than the verified pleading or affidavit shall be used as evidence, unless the respondent appears at the hearing or has receivedreasonable notice of the hearing.
(c) Any such ex parte temporary injunction shall be effective for a fixed period not to exceed 15 days. However, an ex parte temporary injunction granted under subparagraph

(2)(c)2. is effective for 15 days following the date the respondent is released from incarceration. A full hearing, as provided by this section, shall be set for a date no later than the date when the temporary injunction ceases to be effective. The court may grant
a continuance of the ex parte injunction and the full hearing before or during a hearing, for good cause shown by any party.
(7) Upon notice and hearing, the court may grant such relief as the court deems proper, including an injunction:
(a) Enjoining the respondent from committing any acts of violence.
(b) Ordering such other relief as the court deems necessary for the protection of the petitioner, including injunctions or directives to law enforcement agencies, as provided in this section.
(c) The terms of the injunction shall remain in full force and effect until modified or dissolved. Either party may move at any time to modify or dissolve the injunction. Such relief may be granted in addition to other civil or criminal remedies.
(d) A temporary or final judgment on injunction for protection against repeat violence, sexual violence, or dating violence entered pursuant to this section shall, on its face, indicate that:
1. The injunction is valid and enforceable in all counties of the State of Florida.
2. Law enforcement officers may use their arrest powers pursuant to s. 901.15(6) to enforce the terms of the injunction.
3. The court had jurisdiction over the parties and matter under the laws of Florida and that reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person's right to due process.

4. The date that the respondent was served with the temporary or final order, if obtainable. (8)(a) 1. Within 24 hours after the court issues an injunction for protection against repeat violence, sexual violence, or dating violence, the clerk of the court shall
electronically transmit a copy of the petition, notice of hearing, and temporary injunction, if any, to the sheriff or a law enforcement agency of the county where the respondent resides or can be found, who shall serve it upon the respondent as soon thereafter as possible on any day of the week and at any time of the day or night. An
electronic copy of an injunction must be certified by the clerk of the court, and the electronic copy must be served in the same manner as a certified copy. Upon receiving an electronic copy of the injunction, the sheriff must verify receipt with the sender before attempting to serve it upon the respondent. In addition, if the sheriff is in
possession of an injunction for protection that has been certified by the clerk of the court, the sheriff may electronically transmit a copy of that injunction to a law enforcement officer who shall serve it in the same manner as a certified copy. The clerk of the court is responsible for furnishing to the sheriff such information on the respondent's physical description and location as is required by the department to
comply with the verification procedures set forth in this section. Notwithstanding any other law to the contrary, the chief judge of each circuit, in consultation with the appropriate sheriff, may authorize a law enforcement agency within the chief judge's
jurisdiction to effect this type of service and to receive a portion of the service fee. A person may not serve or execute an injunction issued under this section unless the person is a law enforcement officer as defined in chapter 943.
2. When an injunction is issued, if the petitioner requests the assistance of a law enforcement agency, the court may order that an officer from the appropriate law enforcement agency accompany the petitioner and assist in the execution or service of the injunction. A law enforcement officer must accept a copy of an injunction for protection against repeat violence, sexual violence, or dating violence, certified by the clerk of the court, from the petitioner and immediately serve it upon a respondent who has been located but not yet served.
(b) A Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System is created within the Department of Law Enforcement. The department shall establish, implement, and maintain a statewide communication system capable of
electronically transmitting information to and between criminal justice agencies relating to domestic violence injunctions, dating violence injunctions, sexual violence injunctions, and repeat violence injunctions issued by the courts throughout the state.
Such information must include, but is not limited to, information as to the existence and status of any injunction for verification purposes.
(c) 1. Within 24 hours after the court issues an injunction for protection against repeat violence, sexual violence, or dating violence or changes or vacates an injunction for protection against repeat violence, sexual violence, or dating violence, the clerk of the
court must electronically transmit a copy of the injunction to the sheriff with jurisdiction over the residence of the petitioner.
2. Within 24 hours after service of process of an injunction for protection against repeat violence, sexual violence, or dating violence upon a respondent, the law enforcement officer must electronically transmit the written proof of service of process to the sheriff
with jurisdiction over the residence of the petitioner.
3. Within 24 hours after the sheriff receives a certified copy of the injunction for protection against repeat violence, sexual violence, or dating violence, the sheriff must make information relating to the injunction available to other law enforcement agencies by electronically transmitting such information to the department.

4. Within 24 hours after the sheriff or other law enforcement officer has made service upon the respondent and the sheriff has been so notified, the sheriff must make information relating to the service available to other law enforcement agencies by electronically transmitting such information to the department.
5. Subject to available funding, the Florida Association of Court Clerks and Comptrollers shall develop an automated process by which a petitioner may request notification of service of the injunction for protection against repeat violence, sexual violence, or dating violence and other court actions related to the injunction for protection. The
automated notice must be made within 12 hours after the sheriff or other law enforcement officer serves the injunction upon the respondent. The notification must include, at a minimum, the date, time, and location where the injunction for protection against repeat violence, sexual violence, or dating violence was served. The Florida
Association of Court Clerks and Comptrollers may apply for any available grants to fund the development of the automated process.
6. Within 24 hours after an injunction for protection against repeat violence, sexual violence, or dating violence is lifted, terminated, or otherwise rendered no longer effective by ruling of the court, the clerk of the court must notify the sheriff or local law enforcement agency receiving original notification of the injunction as provided in
subparagraph 2. That agency shall, within 24 hours after receiving such notification from the clerk of the court, notify the department of such action of the court.
(d) The petitioner may request a Hope Card under s. 741.311 after the court has issued a final order of protection.
(9)(a) The court shall enforce, through a civil or criminal contempt proceeding, a violation of an injunction for protection. The court may enforce the respondent's compliance with the injunction by imposing a monetary assessment. The clerk of the court shall collect and receive such assessments. On a monthly basis, the clerk shall transfer the moneys collected pursuant to this paragraph to the State Treasury for deposit in the Crimes Compensation Trust Fund established in s. 960.21.
(b) If the respondent is arrested by a law enforcement officer under s. 901.15(6) for committing an act of repeat violence, sexual violence, or dating violence in violation of an injunction for protection, the respondent shall be held in custody until brought before
the court as expeditiously as possible for the purpose of enforcing the injunction and for admittance to bail in accordance with chapter 903 and the applicable rules of criminal procedure, pending a hearing.
(10) The petitioner or the respondent may move the court to modify or dissolve an injunction at any time.
(11) Any law enforcement officer who investigates an alleged incident of dating violence shall assist the victim to obtain medical treatment if such is required as a result of the alleged incident to which the officer responds. Any law enforcement officer who investigates an alleged incident of dating violence shall advise the victim of such
violence that there is a domestic violence center from which the victim may receive services. The law enforcement officer shall give the victim immediate notice of the legal rights and remedies available on a standard form developed and distributed by the Department of Law Enforcement. As necessary, the Department of Law Enforcement
shall revise the Legal Rights and Remedies Notice to Victims to include a general summary of this section, using simple English as well as Spanish, and shall distribute the notice as a model form to be used by all law enforcement agencies throughout the state. The notice shall include:
(a) The resource listing, including telephone number, for the area domestic violence center designated by the Department of Children and Families; and

(b) A copy of the following statement: “IF YOU ARE THE VICTIM OF DATING VIOLENCE,you may ask the state attorney to file a criminal complaint. You also have the right to go to court and file a petition requesting an injunction for protection from dating violence
which may include, but need not be limited to, provisions that restrain the abuser from further acts of abuse; direct the abuser to leave your household; and prevent the abuser from entering your residence, school, business, or place of employment.”
(12) When a law enforcement officer investigates an allegation that an incident of dating violence has occurred, the officer shall handle the incident pursuant to the arrest policy provided in s. 901.15(7), and as developed in accordance with subsections (13),
(14), and (16). Whether or not an arrest is made, the officer shall make a written policereport that is complete and clearly indicates that the alleged offense was an incident of dating violence. Such report shall be given to the officer's supervisor and filed with the law enforcement agency in a manner that will permit data on dating violence cases to be compiled. Such report must include:
(a) A description of physical injuries observed, if any.
(b) If a law enforcement officer decides not to make an arrest or decides to arrest two or more parties, the grounds for not arresting anyone or for arresting two or more parties.
(c) A statement which indicates that a copy of the legal rights and remedies notice was given to the victim.
Whenever possible, the law enforcement officer shall obtain a written statement from the victim and witnesses concerning the alleged dating violence. The officer shall submit the report to the supervisor or other person to whom the employer's rules or
policies require reports of similar allegations of criminal activity to be made. The law enforcement agency shall, without charge, send a copy of the initial police report, as well as any subsequent, supplemental, or related report, which excludes victim or
witness statements or other materials that are part of an active criminal investigation and are exempt from disclosure under chapter 119, to the nearest locally certified domestic violence center within 24 hours after the agency's receipt of the report. The report furnished to the domestic violence center must include a narrative description of the dating violence incident.
(13) Whenever a law enforcement officer determines upon probable cause that an act of dating violence has been committed within the jurisdiction, or that a person has violated a condition of pretrial release as provided in s. 903.047 and the original arrest was for
an act of dating violence, the officer may arrest the person or persons suspected of its commission and charge such person or persons with the appropriate crime. The decision to arrest and charge shall not require consent of the victim or consideration of the relationship of the parties.
(14)(a) When complaints are received from two or more parties, the officers shall evaluate each complaint separately to determine whether there is probable cause for arrest.
(b) If a law enforcement officer has probable cause to believe that two or more persons have committed a misdemeanor or felony, or if two or more persons make complaints to the officer, the officer shall try to determine who was the primary aggressor. Arrest is
the preferred response only with respect to the primary aggressor and not the preferred response with respect to a person who acts in a reasonable manner to protect or defend himself or herself or another family or household member from dating violence.
(15) A person who willfully violates a condition of pretrial release provided in s. 903.047, when the original arrest was for an act of dating violence as defined in this section,
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall be held in custody until his or her first appearance.

(16) A law enforcement officer acting in good faith under this section and the officer's employing agency shall be immune from all liability, civil or criminal, that might otherwise be incurred or imposed by reason of the officer's or agency's actions in carrying out the provisions of this section.

 

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

16-11-39.1. Harassing communications; venue; separate offenses; impact on free speech.
(a) A person commits the offense of harassing communications if such person:
(1) Contacts another person repeatedly via telecommunication, e-mail, text messaging, or any other form of electronic communication for the purpose of harassing, molesting, threatening, or intimidating such person or the family of such person;
(2) Threatens bodily harm via telecommunication, e-mail, text messaging, or any other form of electronic communication;
(3) Telephones another person and intentionally fails to hang up or disengage the connection; or
(4) Knowingly permits any device used for telecommunication, e-mail, text messaging, or any other form of electronic communication under such person’s control to be used for any purpose prohibited by this subsection.
(b) Any person who commits the offense of harassing communications shall be guilty of a misdemeanor.
(c) The offense of harassing communications shall be considered to have been committed in the county where:
(1) The defendant was located when he or she placed the telephone call or transmitted, sent, or posted an electronic communication; or
(2) The telephone call or electronic communication was received.
(d) Any violation of this Code section shall constitute a separate offense and shall not merge with any other crimes set forth in this title.
(e) This Code section shall not apply to constitutionally protected speech.

    •    Official Code of Georgia Annotated TITLE 16 Crimes and Offenses (Chs. 1 — 17)CHAPTER 5 Crimes Against the Person (Arts. 1 — 9)Article 7 Stalking (§§ 16-5-90 — 16-5-96)

16-5-90. Stalking; psychological evaluation
(a)
(1) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the terms “computer” and “computer network” shall have the same meanings as set out in Code Section 16-9-92; the term “contact” shall mean any communication including without being limited to communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or by any other electronic device; and the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall be the place or places where such communication is received. For the purpose of this article, the term “place or places” shall include any public or private property occupied by the victim other than the residence of the defendant. For the purposes of this article, the term “harassing and intimidating” means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person’s safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made.
(2) A person commits the offense of stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, standing order issued under Code Section 19-1-1, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the harassment or intimidation of another person, broadcasts or publishes, including electronic publication, the picture, name, address, or phone number of a person for whose benefit the bond, order, or condition was made and without such person’s consent in such a manner that causes other persons to harass or intimidate such person and the person making the broadcast or publication knew or had reason to believe that such broadcast or publication would cause such person to be harassed or intimidated by others.
(b) Except as provided in subsection (c) of this Code section, a person who commits the offense of stalking is guilty of a misdemeanor.
(c) Upon the second conviction, and all subsequent convictions, for stalking, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than ten years.
(d) Before sentencing a defendant for any conviction of stalking under this Code section or aggravated stalking under Code Section 16-5-91, the sentencing judge may require psychological evaluation of the offender and shall consider the entire criminal record of the offender. At the time of sentencing, the judge is authorized to issue a permanent restraining order against the offender to protect the person stalked and the members of such person’s immediate family, and the judge is authorized to require psychological treatment of the offender as a part of the sentence, or as a condition for suspension or stay of sentence, or for probation.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Hawaii Revised Statutes Division 5. Crimes and Criminal
Proceedings § 711-1106

(1) A person commits the offense of harassment if, with intent to harass, annoy, or alarm any other person, that person:
(a) Strikes, shoves, kicks, or otherwise touches another person in an offensive manner or subjects the other person to offensive physical contact;
(b) Insults, taunts, or challenges another person in a manner likely to provoke an immediate violent response or that would cause the other person to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another;
(c) Repeatedly makes telephone calls, facsimile transmissions, or any form of electronic communication as defined in section 711-1111(2), including electronic mail transmissions, without purpose of legitimate communication;
(d) Repeatedly makes a communication anonymously or at an extremely inconvenient hour;
(e) Repeatedly makes communications, after being advised by the person to whom the communication is directed that further communication is unwelcome; or
(f) Makes a communication using offensively coarse language that would cause the recipient to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another.
(2) Harassment is a petty misdemeanor.

Hawaii Revised Statutes Division 5. Crimes and Criminal
Proceedings § 711-1106.4

(1) A person commits the offense of aggravated harassment by stalking if that person commits the offense of harassment by stalking as provided in section 711-1106.5 and has been convicted previously of harassment by stalking under section 711-1106.5
within five years of the instant offense.
(2) Aggravated harassment by stalking is a class C felony.
Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 711-1106.5
(1) A person commits the offense of harassment by stalking if, with intent to harass, annoy, or alarm another person, or in reckless disregard of the risk thereof, that person engages in a course of conduct involving pursuit, surveillance, or nonconsensual
contact upon the other person on more than one occasion without legitimate purpose.
(2) A person convicted under this section may be required to undergo a counseling program as ordered by the court.
(3) For purposes of this section, “nonconsensual contact” means any contact that occurs without that individual's consent or in disregard of that person's express desire that the contact be avoided or discontinued. Nonconsensual contact includes direct personal visual or oral contact and contact via telephone, facsimile, or any form of
electronic communication, as defined in section 711-1111(2), including electronic mail transmission.
(4) Harassment by stalking is a misdemeanor.

Hawaii Revised Statutes Division 5. Crimes and Criminal
Proceedings § 711-1106.6

(1) A person commits the offense of harassment by impersonation if that person poses as another person, without the express authorization of that person, and makes or causes to be made, either directly or indirectly, a transmission of any personal information of the person to another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to harass, annoy, or alarm any person.
(2) Harassment by impersonation is a misdemeanor.
(3) For the purposes of this section:
“Personal information” means information associated with an actual person that is a name, an address, a telephone number, or an electronic mail address. “Pose” means to falsely represent oneself, directly or indirectly, as another person or persons.

Proposed Cyberstalking/Cyberharassment Law (New
Statute)

Hawaii has recently moved to explicitly create a cyber harassment and cyberstalking offense under the Hawaii Revised Statutes. The legislature passed a bill (e.g., SB1483) that would add a new section to Chapter 711 criminalizing cyber harassment/stalking.
Under this proposed addition:
● Cyber harassment and cyberstalking occurs when a person sends electronic
communications (including through devices or social media) with the purpose of harassing, intimidating, tormenting, or embarrassing another person and the communication:
• threatens or alludes to physical harm, property damage, or harm to others;
• contains false statements about injury, illness, criminal conduct, etc.;
• contains lewd/obscene material likely to harm emotionally; or
• encourages others to engage in similar conduct. Hawaii State Legislature

● Penalties:
• 1st offense is a misdemeanor;
• 2nd or subsequent offenses are Class C felonies. Hawaii State Legislature

● The statute also allows victims to seek civil remedies (money damages, injunctions) against offenders. Hawaii State Legislature
⚠️ This is based on a bill that would amend the Hawaiʻi Revised Statutes. It may still be pending or newly enacted—so exact effective dates could vary.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

Idaho Statutes Title 18. Crimes and Punishments §
18-6710.

Use of telecommunication to annoy, terrify, threaten, intimidate, harass, or offend by lewd or profane language, requests, suggestions, or proposals--Threats of physical harm--Disturbing the peace by repeated telecommunication--Penalties
(1) Any person who, with intent to annoy, terrify, threaten, intimidate, harass, or offend, contacts another via telecommunication, email, text message, or any other form of
electronic communication and (a) addresses to or about such person any obscene, lewd, or profane language, or makes any request, suggestion, or proposal that is obscene, lewd, lascivious, or indecent; or (b) addresses to such other person any threat
to inflict injury or physical harm to the person or property of the person addressed or any member of his family, or any other person; or (c) by repeated anonymous or identified telecommunications, emails, text messages, or any other form of electronic
communication whether or not conversation ensues, disturbs the peace or attempts to disturb the peace, quiet, or right of privacy of any person at the place where the telecommunication, email, text message, or any other form of electronic communication is received is guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to a term of not to exceed one (1) year in the county jail. Upon a second or subsequent conviction, the defendant shall be guilty of a felony and shall be sentenced to a term of not to exceed five (5) years in the state penitentiary.
(2) The use of obscene, lewd, or profane language or the making of a threat or obscene proposal, or the sending of repeated anonymous telecommunications, emails, text messages, or any other form of electronic communication as set forth in this section may be prima facie evidence of intent to annoy, terrify, threaten, intimidate, harass, or offend.
(3) For the purposes of this section, the term “telecommunication” shall mean the transmission of messages, signals, facsimiles, video images, or other communication between persons who are physically separated from each other by means of telephone, telegraph, cable, wire, or the projection of energy without physical connection.

Idaho Statutes Title 18. Crimes and Punishments

§18-7902.

Malicious harassment defined--Prohibited
It shall be unlawful for any person, maliciously and with the specific intent to intimidate or harass another person because of that person's race, color, religion, ancestry, or national origin, to:
(a) Cause physical injury to another person; or
(b) Damage, destroy, or deface any real or personal property of another person; or
(c) Threaten, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts described in subsections (a) and (b) of this section will occur. For purposes of this section, “deface” shall include, but not be limited to, cross-burnings or the placing of any word or symbol commonly associated with racial, religious or ethnic terrorism on the property of another person without his or her permission.

Idaho Statutes Title 18. Crimes and Punishments §
18-7906. Stalking in the second degree

(1) A person commits the crime of stalking in the second degree if the person knowingly and maliciously:
(a) Engages in a course of conduct that seriously alarms, annoys or harasses the victim and is such as would cause a reasonable person substantial emotional distress; or
(b) Engages in a course of conduct such as would cause a reasonable person to be in fear of death or physical injury, or in fear of the death or physical injury of a family or household member.
(2) As used in this section:
(a) “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.
(b) “Family or household member” means:
(i) 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, and persons related to the victim by blood, adoption or marriage; or
(ii) A person with whom the victim is or has been in a dating relationship, as defined in section 39-6303, Idaho Code; or
(iii) A person living in the same residence as the victim.

(c) “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:
(i) Following the victim or maintaining surveillance, including by electronic means, on the victim;
(ii) Contacting the victim in a public place or on private property;
(iii) Appearing at the workplace or residence of the victim;
(iv) Entering onto or remaining on property owned, leased or occupied by the victim;
(v) Contacting the victim by telephone or causing the victim's telephone to ring repeatedly or continuously regardless of whether a conversation ensues;
(vi) Sending mail or electronic communications to the victim; or
(vii) Placing an object on, or delivering an object to, property owned, leased or occupied by the victim.
(d) “Victim” means a person who is the target of a course of conduct.
(3) Stalking in the second degree is punishable by imprisonment in the county jail for not more than one (1) year or by a fine of not more than one thousand dollars ($1,000),
or by both such fine and imprisonment.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Illinois Statutes Chapter 720. Criminal Offenses

§ 5/12-7.3. Stalking § 12-7.3. Stalking.

(a) A person commits stalking when he or she knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to:
(1) fear for his or her safety or the safety of a third person; or
(2) suffer other emotional distress.
(a-3) A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and:
(1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or
(2) places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint to or of that person or a family member of that person.
(a-5) A person commits stalking when he or she has previously been convicted of stalking another person and knowingly and without lawful justification on one occasion:
(1) follows that same person or places that same person under surveillance; and
(2) transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint to that person or a family member of that person.

(a-7) A person commits stalking when he or she knowingly makes threats that are a part of a course of conduct and is aware of the threatening nature of his or her speech.
(b) Sentence. Stalking is a Class 4 felony; a second or subsequent conviction is a Class 3 felony.
(c) Definitions. For purposes of this Section:
(1) “Course of conduct” means 2 or more acts, including but not limited to acts in which a defendant directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, engages in other non-consensual contact, or interferes with or damages a person's property or pet. A course of conduct may include contact via electronic communications.
(2) “Electronic communication” means any transfer of signs, signals, writings, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system. “Electronic communication” includes transmissions by a computer through the Internet to another computer.
(3) “Emotional distress” means significant mental suffering, anxiety or alarm.
(4) “Family member” means a parent, grandparent, brother, sister, or child, whether by whole blood, half-blood, or adoption and includes a step-grandparent, step-parent, step-brother, step-sister or step-child. “Family member” also means any other person who regularly resides in the household, or who, within the prior 6 months, regularly
resided in the household.
(5) “Follows another person” means (i) to move in relative proximity to a person as that person moves from place to place or (ii) to remain in relative proximity to a person who is stationary or whose movements are confined to a small area. “Follows another
person” does not include a following within the residence of the defendant.
(6) “Non-consensual contact” means any contact with the victim that is initiated or continued without the victim's consent, including but not limited to being in the physical presence of the victim; appearing within the sight of the victim; approaching or confronting the victim in a public place or on private property; appearing at the workplace or residence of the victim; entering onto or remaining on property owned, leased, or occupied by the victim; or placing an object on, or delivering an object to, property owned, leased, or occupied by the victim.
(7) “Places a person under surveillance” means: (1) remaining present outside the person's school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the defendant; or (2) placing an electronic tracking device on the person or the person's property.
(8) “Reasonable person” means a person in the victim's situation.
(9) “Transmits a threat” means a verbal or written threat or a threat implied by a pattern of conduct or a combination of verbal or written statements or conduct.
(d) Exemptions.
(1) This Section does not apply to any individual or organization (i) monitoring or attentive to compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements, or (ii) picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, including any controversy
concerning wages, salaries, hours, working conditions or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those
agreements.
(2) This Section does not apply to an exercise of the right to free speech or assembly that is otherwise lawful.
(3) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton
misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.
(d-5) The incarceration of a person in a penal institution who commits the course of conduct or transmits a threat is not a bar to prosecution under this Section.
(d-10) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.

Illinois Statutes Chapter 720. Criminal Offenses

§ 5/12-7.4. Aggravated stalking
§ 12-7.4. Aggravated stalking

(a) A person commits aggravated stalking when he or she commits stalking and:
(1) causes bodily harm to the victim;
(2) confines or restrains the victim; or

(3) violates a temporary restraining order, an order of protection, a stalking no contact order, a civil no contact order, or an injunction prohibiting the behavior described in subsection (b)(1) of Section 214 of the Illinois Domestic Violence Act of 1986. 1 (a-1) A person commits aggravated stalking when he or she is required to register under the Sex Offender Registration Act or has been previously required to register under that Act and commits the offense of stalking when the victim of the stalking is also the victim of the offense for which the sex offender is required to register under the Sex Offender Registration Act or a family member of the victim.
(b) Sentence. Aggravated stalking is a Class 3 felony; a second or subsequent conviction is a Class 2 felony.
(c) Exemptions.
(1) This Section does not apply to any individual or organization (i) monitoring or attentive to compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements, or (ii) picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute including any controversy
concerning wages, salaries, hours, working conditions or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the managing or maintenance of collective bargaining agreements, and the terms to be included in those
agreements.
(2) This Section does not apply to an exercise of the right of free speech or assembly that is otherwise lawful.
(3) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.
(d) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.

Illinois Statutes Chapter 720. Criminal Offenses

§ 5/12-7.5. Cyberstalking
§ 12-7.5. Cyberstalking

(a) A person commits cyberstalking when he or she engages in a course of conduct using electronic communication directed at a specific person, and he or she knows or should know that would cause a reasonable person to:
(1) fear for his or her safety or the safety of a third person; or
(2) suffer other emotional distress. (a-3) A person commits cyberstalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions, harasses another person through the use of electronic communication and:
(1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person; or

(2) places that person or a family member of that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint; or(3) at any time knowingly solicits the commission of an act by any person which would
be a violation of this Code directed towards that person or a family member of that person.
(a-4) A person commits cyberstalking when he or she knowingly, surreptitiously, and without lawful justification, installs or otherwise places electronic monitoring software or spyware on an electronic communication device as a means to harass another person and:
(1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person;
(2) places that person or a family member of that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint; or
(3) at any time knowingly solicits the commission of an act by any person which would be a violation of this Code directed towards that person or a family member of that person. For purposes of this Section, an installation or placement is not surreptitious if:
(1) with respect to electronic software, hardware, or computer applications, clear notice regarding the use of the specific type of tracking software or spyware is provided by the installer in advance to the owners and primary users of the electronic software,
hardware, or computer application; or

(2) written or electronic consent of all owners and primary users of the electronic software, hardware, or computer application on which the tracking software or spyware will be installed has been sought and obtained through a mechanism that does not seek to obtain any other approvals or acknowledgement from the owners and primary users. (a-5) A person commits cyberstalking when he or she, knowingly and without lawful justification, creates and maintains an Internet website or webpage which is accessible to one or more third parties for a period of at least 24 hours, and which contains
statements harassing another person and:
(1) which communicates a threat of immediate or future bodily harm, sexual assault, confinement, or restraint, where the threat is directed towards that person or a family member of that person, or
(2) which places that person or a family member of that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint, or
(3) which knowingly solicits the commission of an act by any person which would be a violation of this Code directed towards that person or a family member of that person.
(b) Sentence. Cyberstalking is a Class 4 felony; a second or subsequent conviction is a
Class 3 felony.
(c) For purposes of this Section:
(0.5) “Anxiety” means excessive worry and apprehensive expectations, occurring more days than not for at least 6 months, about a number of events or activities, such as work or school performance and is associated with 3 or more of the following 6 symptoms with at least some symptoms present for more days than not for the past 6 months:

(1) restlessness or feeling keyed up or on edge;
(2) easily fatigued;
(3) difficulty concentrating or mind going blank;
(4) irritability;
(5) muscle tension; and
(6) sleep disturbance such as difficulty falling or staying asleep, or restless and unsatisfying sleep.
The anxiety, worry, or physical symptoms cause clinically significant distress or impairment in social, occupational, or other important areas of functioning.
(1) “Course of conduct” means 2 or more acts, including but not limited to acts in which a defendant directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, engages in other non-consensual contact, or interferes with or damages a person's property or pet. The incarceration in a penal institution of a person who commits the course of conduct is not a bar to prosecution under this Section.
(2) “Electronic communication” means any transfer of signs, signals, writings, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system. “Electronic communication” includes transmissions through an electronic device including, but not limited to, a telephone, cellular phone, computer, or pager, which communication includes, but is not limited to, e-mail, instant message, text message, or voice mail.

(2.1) “Electronic communication device” means an electronic device, including, but not limited to, a wireless telephone, personal digital assistant, or a portable or mobile computer.
(2.2) “Electronic monitoring software or spyware” means software or an application that surreptitiously tracks computer activity on a device and records and transmits the information to third parties with the intent to cause injury or harm. For the purposes of this paragraph (2.2), “intent to cause injury or harm” does not include activities carried out in furtherance of the prevention of fraud or crime or of protecting the security of networks, online services, applications, software, other computer programs, users, or electronic communication devices or similar devices.
(3) “Emotional distress” means significant mental suffering, anxiety or alarm.
(4) “Harass” means to engage in a knowing and willful course of conduct directed at a specific person that alarms, torments, or terrorizes that person.
(5) “Non-consensual contact” means any contact with the victim that is initiated or continued without the victim's consent, including but not limited to being in the physical presence of the victim; appearing within the sight of the victim; approaching or confronting the victim in a public place or on private property; appearing at the workplace or residence of the victim; entering onto or remaining on property owned, leased, or occupied by the victim; or placing an object on, or delivering an object to, property owned, leased, or occupied by the victim.
(6) “Reasonable person” means a person in the victim's circumstances, with the victim's knowledge of the defendant and the defendant's prior acts.
(7) “Third party” means any person other than the person violating these provisions and the person or persons towards whom the violator's actions are directed.

(d) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton
misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.
(e) A defendant who directed the actions of a third party to violate this Section, under the principles of accountability set forth in Article 5 of this Code, is guilty of violating this Section as if the same had been personally done by the defendant, without regard to the mental state of the third party acting at the direction of the defendant.
(f) It is not a violation of this Section to:
(1) provide, protect, maintain, update, or upgrade networks, online services, applications, software, other computer programs, electronic communication devices, or similar devices under the terms of use applicable to those networks, services, applications, software, programs, or devices;
(2) interfere with or prohibit terms or conditions in a contract or license related to networks, online services, applications, software, other computer programs, electronic communication devices, or similar devices; or
(3) create any liability by reason of terms or conditions adopted, or technical measures implemented, to prevent the transmission of unsolicited electronic mail or communications.

Illinois Statutes Chapter 720. Criminal Offenses §
5/26.5-3. Harassment through electronic
communications
§ 26.5-3. Harassment through electronic communications

(a) A person commits harassment through electronic communications when he or she uses electronic communication for any of the following purposes:
(1) Making any comment, request, suggestion or proposal which is obscene with an intent to offend;
(2) Interrupting, with the intent to harass, the telephone service or the electronic communication service of any person;
(3) Transmitting to any person, with the intent to harass and regardless of whether the
communication is read in its entirety or at all, any file, document, or other communication which prevents that person from using his or her telephone service or electronic communications device;
(4) Transmitting an electronic communication or knowingly inducing a person to transmit an electronic communication for the purpose of harassing another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of
the commission of the offense;
(5) Threatening injury to the person or to the property of the person to whom an electronic communication is directed or to any of his or her family or household members; or

(6) Knowingly permitting any electronic communications device to be used for any of the purposes mentioned in this subsection (a).
(b) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton
misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Indiana Code Title 35. Criminal Law and Procedure

§ 35-45-2-2

Sec. 2. (a) A person who, with intent to harass, annoy, or alarm another person but with no intent of legitimate communication:
(1) makes a telephone call, whether or not a conversation ensues;
(2) communicates with a person by telegraph, mail, or other form of written communication;
(3) transmits an obscene message, or indecent or profane words, on a Citizens Radio Service channel; or
(4) uses a computer network (as defined in IC 35-43-2-3(a)) or other form of electronic communication to:
(A) communicate with a person; or
(B) transmit an obscene message or indecent or profane words to a person; commits harassment, a Class B misdemeanor.
(b) A message is obscene if:
(1) the average person, applying contemporary community standards, finds that the dominant theme of the message, taken as a whole, appeals to the prurient interest in sex;
(2) the message refers to sexual conduct in a patently offensive way; and
(3) the message, taken as a whole, lacks serious artistic, literary, political, or scientific value.

Indiana Code Title 35. Criminal Law and Procedure

§ 35-45-2-1

Sec. 1. (a) A person who communicates a threat with the intent:
(1) that another person engage in conduct against the other person's will;
(2) that another person be placed in fear of retaliation for a prior lawful act;
(3) of:
(A) causing:
(i) a dwelling, a building, or other structure; or
(ii) a vehicle;
to be evacuated; or
(B) interfering with the occupancy of:
(i) a dwelling, building, or other structure; or
(ii) a vehicle; or
(4) that another person be placed in fear that the threat will be carried out, if the threat is a threat described in:
(A) subsection (c)(1) through (c)(5); or
(B) subsection (c)(7) through (c)(8);
commits intimidation, a Class A misdemeanor.
(b) However, the offense is a:

(1) Level 6 felony if:
(A) the threat is to commit a forcible felony;
(B) the subject of the threat or the person to whom the threat is communicated is a witness (or the spouse or child of a witness) in any pending criminal proceeding against the person making the threat;
(C) the threat is communicated because of the occupation, profession, employment status, or ownership status of a person or the threat relates to or is made in connection with the occupation, profession, employment status, or ownership status of a person;
(D) the person has a prior unrelated conviction for an offense under this section concerning the same victim; or
(E) the threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity; and
(2) Level 5 felony if:
(A) while committing it, the person draws or uses a deadly weapon;
(B) the subject of the threat or the person to whom the threat is communicated:
(i) is a judicial officer or bailiff of any court; or
(ii) is a prosecuting attorney or a deputy prosecuting attorney;
and the threat relates to the person's status as a judicial officer, bailiff, prosecuting attorney, or deputy prosecuting attorney, or is made in connection with the official duties of the judicial officer, bailiff, prosecuting attorney, or deputy prosecuting attorney; or
(C) the threat is:

(i) to commit terrorism; or
(ii) made in furtherance of an act of terrorism.
(c) “Threat” means an expression, by words or action, of an intention to:
(1) unlawfully injure the person threatened or another person, or damage property;
(2) unlawfully subject a person to physical confinement or restraint;
(3) commit a crime;
(4) unlawfully withhold official action, or cause such withholding;
(5) unlawfully withhold testimony or information with respect to another person's legal claim or defense, except for a reasonable claim for witness fees or expenses;
(6) expose the person threatened to hatred, contempt, disgrace, or ridicule;
(7) falsely harm the credit or business reputation of a person; or
(8) cause the evacuation of a dwelling, a building, another structure, or a vehicle. For purposes of this subdivision, the term includes an expression that would cause a reasonable person to consider the evacuation of a dwelling, a building, another structure, or a vehicle, even if the dwelling, building, structure, or vehicle is not evacuated.

Indiana Code Title 35. Criminal Law and Procedure

§ 35-45-2-2

Sec. 2. (a) A person who, with intent to harass, annoy, or alarm another person but with no intent of legitimate communication:
(1) makes a telephone call, whether or not a conversation ensues;

(2) communicates with a person by telegraph, mail, or other form of written communication;
(3) transmits an obscene message, or indecent or profane words, on a Citizens Radio Service channel; or
(4) uses a computer network (as defined in IC 35-43-2-3(a)) or other form of electronic communication to:
(A) communicate with a person; or
(B) transmit an obscene message or indecent or profane words to a person; commits harassment, a Class B misdemeanor.
(b) A message is obscene if:
(1) the average person, applying contemporary community standards, finds that the dominant theme of the message, taken as a whole, appeals to the prurient interest in sex;
(2) the message refers to sexual conduct in a patently offensive way; and
(3) the message, taken as a whole, lacks serious artistic, literary, political, or scientific value.

Indiana Code Title 35. Criminal Law and Procedure

§ 35-45-10-1

Sec. 1. As used in this chapter, “stalk” means a knowing or an intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened andthat actually causes the victim to feel terrorized, frightened, intimidated, or threatened.
The term does not include statutorily or constitutionally protected activity.

Indiana Code Title 35. Criminal Law and Procedure

§ 35-45-10-2

Sec. 2. As used in this chapter, “harassment” means conduct directed toward a victim that includes but is not limited to repeated or continuing impermissible contact that would cause a reasonable person to suffer emotional distress and that actually causes
the victim to suffer emotional distress. Harassment does not include statutorily or constitutionally protected activity, such as lawful picketing pursuant to labor disputes or lawful employer-related activities pursuant to labor disputes.

Indiana Code Title 35. Criminal Law and Procedure

§ 35-45-10-3

Sec. 3. (a) As used in this chapter, “impermissible contact” includes the following:
(1) Following or pursuing the victim.
(2) Communicating with the victim.
(3) Posting on social media, if the post:
(A) is directed to the victim; or
(B) refers to the victim, directly or indirectly.
(b) The list in subsection (a) is nonexclusive.

Indiana Code Title 35. Criminal Law and Procedure

§ 35-45-10-4

Sec. 4. As used in this chapter, “victim” means a person who is the object of stalking.

Indiana Code Title 35. Criminal Law and Procedure

§ 35-45-10-5

Sec. 5. (a) A person who stalks another person commits stalking, a Level 6 felony.
(b) The offense is a Level 5 felony if at least one (1) of the following applies:
(1) A person:
(A) stalks a victim; and
(B) makes an explicit or an implicit threat with the intent to place the victim in reasonable fear of:
(i) sexual battery (as defined in IC 35-42-4-8);
(ii) serious bodily injury; or
(iii) death.
(2) A protective order to prevent domestic or family violence, a no contact order, or other judicial order under any of the following statutes has been issued by the court to protect the same victim or victims from the person and the person has been given actual notice
of the order:
(A) IC 31-15 and IC 34-26-5 or IC 31-1-11.5 before its repeal (dissolution of marriage and
legal separation).

(B) IC 31-34, IC 31-37, or IC 31-6-4 before its repeal (delinquent children and children in need of services).
(C) IC 31-32 or IC 31-6-7 before its repeal (procedure in juvenile court).
(D) IC 34-26-5 or IC 34-26-2 and IC 34-4-5.1 before their repeal (protective order to prevent abuse).
(E) IC 34-26-6 (workplace violence restraining orders).
(3) The person's stalking of another person violates an order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion if the person has been given actual notice of the order.
(4) The person's stalking of another person violates a no contact order issued as a condition of probation if the person has been given actual notice of the order.
(5) The person's stalking of another person violates a protective order issued under IC 31-14-16-1 and IC 34-26-5 in a paternity action if the person has been given actual notice of the order.
(6) The person's stalking of another person violates an order issued in another state that is substantially similar to an order described in subdivisions (2) through (5) if the person has been given actual notice of the order.
(7) The person's stalking of another person violates an order that is substantially similar to an order described in subdivisions (2) through (5) and is issued by an Indian:
(A) tribe;
(B) band;
(C) pueblo;

(D) nation; or
(E) organized group or community, including an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians if the person has been given actual notice of the order.
(8) A criminal complaint of stalking that concerns an act by the person against the same victim or victims is pending in a court and the person has been given actual notice of the complaint.
(9) The offense was committed or facilitated by the use of a tracking device.
(c) The offense is a Level 4 felony if:
(1) the act or acts were committed while the person was armed with a deadly weapon;
or
(2) the person has an unrelated conviction for an offense under this section against the same victim or victims.
Indiana Code Title 35. Criminal Law and Procedure §
35-45-10-6
Sec. 6. A person who operates an unmanned aerial vehicle in a manner that is intended to subject another person to harassment commits remote aerial harassment, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change; users should verify statutes through official state resources.

Iowa Code Title XVI. Criminal Law and Procedure
[Chs. 687-916] § 708.7. Harassment

1. a. A person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person does any of the following:
(1) Communicates with another by telephone, telegraph, writing, or via electronic communication without legitimate purpose and in a manner likely to cause the other person annoyance or harm.
(2) Places a simulated explosive or simulated incendiary device in or near a building, vehicle, airplane, railroad engine or railroad car, or boat occupied by another person.
(3) Orders merchandise or services in the name of another, or to be delivered to another, without the other person's knowledge or consent.
(4) Reports or causes to be reported false information to a law enforcement authority implicating another in some criminal activity, knowing that the information is false, or reports the alleged occurrence of a criminal act, knowing the act did not occur.
(5) Disseminates, publishes, distributes, posts, or causes to be disseminated, published, distributed, or posted a photograph or film showing another person in a state of full or partial nudity or engaged in a sex act, knowing that the other person has not consented
to the dissemination, publication, distribution, or posting.
b. A person commits harassment when the person, purposefully and without legitimate purpose, has personal contact with another person, with the intent to threaten, intimidate, or alarm that other person.
2. a. A person commits harassment in the first degree when the person commits harassment involving any of the following:

(1) A threat to commit a forcible felony.
(2) A violation of subsection 1, paragraph “a”, subparagraph (5).
(3) Commits harassment and has previously been convicted of harassment three or more times under this section or any similar statute during the preceding ten years.
(4) Harassment that occurs against another person who is lawfully in a place of public accommodation as defined in section 216.2.
b. Harassment in the first degree is an aggravated misdemeanor.
3. a. A person commits harassment in the second degree when the person commits harassment involving a threat to commit bodily injury, or commits harassment and has previously been convicted of harassment two times under this section or any similar statute during the preceding ten years.
b. Harassment in the second degree is a serious misdemeanor.
4. a. Any other act of harassment is harassment in the third degree.
b. Harassment in the third degree is a simple misdemeanor.
5. For purposes of determining whether or not the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126. However, the fact finder shall not make a determination as provided in section 692A.126 regarding a juvenile convicted of a
violation of subsection 1, paragraph “a”, subparagraph (5), and the juvenile shall not be required to register as a sex offender with regard to the violation.
6. The following do not constitute harassment under subsection 1, paragraph “a”, subparagraph (5):

a. A photograph or film involving voluntary exposure by a person in public or commercial settings.
b. Disclosures made in the public interest, including but not limited to the reporting of unlawful conduct, disclosures by law enforcement, news reporting, legal proceeding disclosures, or medical treatment disclosures.
c. Disclosures by an interactive computer service of information provided by another information content provider, as those terms are defined in 47 U.S.C. § 230.
7. A person injured by a violation of subsection 1, paragraph “a”, subparagraph (4), may bring a civil action against the person whose conduct violated subsection 1, paragraph “a”, subparagraph (4).
8. As used in this section, unless the context otherwise requires:
a. “Full or partial nudity” means the showing of any part of the human genitals or pubic area or buttocks, or any part of the nipple of the breast of a female, with less than fully opaque covering.
b. “Personal contact” means an encounter in which two or more people are in visual or physical proximity to each other. “Personal contact” does not require a physical touching or oral communication, although it may include these types of contacts.
c. “Photographs or films” means the making of any photograph, motion picture film, videotape, or any other recording or transmission of the image of a person.
d. “Sex act” means the same as defined in section 702.17.
Iowa Code Title XVI. Criminal Law and Procedure
[Chs. 687-916] § 708.11. Stalking

Current as of January 01, 2024 | Updated by Findlaw Staff
1. As used in this section, unless the context otherwise requires:
a. “Accompanying offense” means any public offense committed as part of the course of conduct engaged in while committing the offense of stalking.
b. “Course of conduct” means repeatedly maintaining a visual or physical proximity to a person without legitimate purpose, repeatedly utilizing a technological device to locate, listen to, or watch a person without authorization or legitimate purpose, or repeatedly
conveying oral or written threats, threats implied by conduct, or a combination thereof, directed at or toward a person.
c. “Immediate family member” means a spouse, parent, child, sibling, or any other person who regularly resides in the household of a specific person, or who within the prior six months regularly resided in the household of a specific person.
d. “Repeatedly” means on two or more occasions.
e. “Technological device” means any computer, cellular phone, smartphone, digital camera, video camera, audio recording device, global positioning device, or other electronic device that can be used for creating, storing, or transmitting information in the form of electronic data.
2. A person commits stalking when all of the following occur:
a. The person purposefully engages in a course of conduct directed at a specific person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened or to fear that the person intends to cause bodily injury to, or the death of,
that specific person or a member of the specific person's immediate family.

b. The person has knowledge or should have knowledge that a reasonable person would feel terrorized, frightened, intimidated, or threatened or fear that the person intends to cause bodily injury to, or the death of, that specific person or a member of the specific
person's immediate family by the course of conduct.
3. a. A person who commits stalking in violation of this section commits a class “C” felony if any of the following apply:
(1) The person commits stalking while subject to restrictions contained in a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and the victim, or while subject to restrictions contained in a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and another person against whom the person has committed a public offense.
(2) The person commits stalking while in possession of a dangerous weapon, as defined in section 702.7.
(3) The person commits stalking by directing a course of conduct at a specific person who is under eighteen years of age.
(4) The person utilizes a technological device while committing stalking.
(5) For a third or subsequent offense.
b. A person who commits stalking in violation of this section commits a class “D” felony if the offense is a second offense which is not included in paragraph “a”.
c. A person who commits stalking in violation of this section commits an aggravated misdemeanor if the offense is a first offense which is not included in paragraph “a”.

4. Violations of this section and accompanying offenses shall be considered prior offenses for the purpose of determining whether an offense is a second or subsequent offense. A conviction for, deferred judgment for, or plea of guilty to a violation of this section or an accompanying offense which occurred at any time prior to the date of the violation charged shall be considered in determining that the violation charged is a second or subsequent offense. Deferred judgments pursuant to section 907.3 for violations of this section or accompanying offenses and convictions or the equivalent of
deferred judgments for violations in any other states under statutes substantially corresponding to this section or accompanying offenses shall be counted as previous offenses. The courts shall judicially notice the statutes of other states which define offenses substantially equivalent to the offenses defined in this section and its accompanying offenses and can therefore be considered corresponding statutes. Each previous violation of this section or an accompanying offense on which conviction or deferral of judgment was entered prior to the date of the violation charged shall be
considered and counted as a separate previous offense. In addition, however, accompanying offenses committed as part of the course of conduct engaged in while committing the violation of stalking charged shall be considered prior offenses for the purpose of that violation, even though the accompanying offenses occurred at approximately the same time. An offense shall be considered a second or subsequent offense regardless of whether it was committed upon the same person who was the victim of any other previous offense.
5. Notwithstanding section 804.1, rule of criminal procedure 2.7, Iowa court rules, or any other provision of law to the contrary, upon the filing of a complaint and a finding of probable cause to believe an offense has been committed in violation of this section, or after the filing of an indictment or information alleging a violation of this section, the court shall issue an arrest warrant, rather than a citation or summons. A peace officer shall not issue a citation in lieu of arrest for a violation of this section. Notwithstanding section 804.21 or any other provision of law to the contrary, a person arrested for
stalking shall be immediately taken into custody and shall not be released pursuant to pretrial release guidelines, a bond schedule, or any similar device, until after the initial appearance before a magistrate. In establishing the conditions of release, the
magistrate may consider the defendant's prior criminal history, in addition to the other factors provided in section 811.2.
6. For purposes of determining whether or not the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Kansas Statutes Chapter 21. Crimes and Punishments

§ 21-5427. Stalking

(a) Stalking is:
(1) Recklessly engaging in a course of conduct targeted at a specific person which would cause a reasonable person in the circumstances of the targeted person to fear for such person's safety, or the safety of a member of such person's immediate family and the targeted person is actually placed in such fear;
(2) engaging in a course of conduct targeted at a specific person with knowledge that the course of conduct will place the targeted person in fear for such person's safety or the safety of a member of such person's immediate family;
(3) after being served with, or otherwise provided notice of, any protective order included in K.S.A. 21-3843, prior to its repeal or K.S.A. 21-5924, and amendments thereto, that prohibits contact with a targeted person, recklessly engaging in at least one act listed in subsection (f)(1) that violates the provisions of the order and would cause a reasonable person to fear for such person's safety, or the safety of a member of such person's immediate family and the targeted person is actually placed in such fear; or
(4) intentionally engaging in a course of conduct targeted at a specific child under the age of 14 that would cause a reasonable person in the circumstances of the targeted child, or a reasonable person in the circumstances of an immediate family member of
such child, to fear for such child's safety.
(b) Stalking as defined in:
(1) Subsection (a)(1) is a:
(A) Class A person misdemeanor, except as provided in subsection (b)(1)(B); and

(B) severity level 7, person felony upon a second or subsequent conviction;
(2) subsection (a)(2) is a:
(A) Class A person misdemeanor, except as provided in subsection (b)(2)(B); and
(B) severity level 5, person felony upon a second or subsequent conviction;
(3) subsection (a)(3) is a:
(A) Severity level 9, person felony, except as provided in subsection (b)(3)(B); and
(B) severity level 5, person felony, upon a second or subsequent conviction; and
(4) subsection (a)(4) is a:
(A) Severity level 7, person felony, except as provided in subsection (b)(4)(B); and
(B) severity level 4, person felony, upon a second or subsequent conviction.
(c) For the purposes of this section, a person served with a protective order as defined
by K.S.A. 21-3843, prior to its repeal or K.S.A. 21-5924, and amendments thereto, or a person who engaged in acts which would constitute stalking, after having been advised by a law enforcement officer, that such person's actions were in violation of this section,
shall be presumed to have acted knowingly as to any like future act targeted at the specific person or persons named in the order or as advised by the officer.
(d) In a criminal proceeding under this section, a person claiming an exemption, exception or exclusion has the burden of going forward with evidence of the claim.
(e) The present incarceration of a person alleged to be violating this section shall not be a bar to prosecution under this section.
(f) As used in this section:

(1) “Course of conduct” means two or more acts over a period of time, however short,
which evidence a continuity of purpose. A course of conduct shall not include constitutionally protected activity nor conduct that was necessary to accomplish a legitimate purpose independent of making contact with the targeted person. A course of conduct shall include, but not be limited to, any of the following acts or a combination thereof:
(A) Threatening the safety of the targeted person or a member of such person's immediate family;
(B) following, approaching or confronting the targeted person or a member of such person's immediate family;
(C) appearing in close proximity to, or entering the targeted person's residence, place of employment, school or other place where such person can be found, or the residence, place of employment or school of a member of such person's immediate family;
(D) causing damage to the targeted person's residence or property or that of a member of such person's immediate family;
(E) placing an object on the targeted person's property or the property of a member of such person's immediate family, either directly or through a third person;
(F) causing injury to the targeted person's pet or a pet belonging to a member of such person's immediate family;
(G) utilizing any electronic tracking system or acquiring tracking information to determine the targeted person's location, movement or travel patterns; and
(H) any act of communication;

(2) “communication” means to impart a message by any method of transmission, including, but not limited to: Telephoning, personally delivering, sending or having delivered, any information or material by written or printed note or letter, package, mail, courier service or electronic transmission, including electronic transmissions generated
or communicated via a computer;
(3) “computer” means a programmable, electronic device capable of accepting and processing data;
(4) “conviction” includes being convicted of a violation of K.S.A. 21-3438, prior to its repeal, this section or a law of another state which prohibits the acts that this section prohibits; and
(5) “immediate family” means:
(A) Father, mother, stepparent, child, stepchild, sibling, spouse or grandparent of the targeted person;
(B) any person residing in the household of the targeted person; or
(C) any person involved in an intimate relationship with the targeted person.

Kansas Statutes Chapter 21. Crimes and Punishments

§ 21-6206. Harassment by telecommunication device

(a) Harassment by telecommunication device is the use of:
(1) A telecommunications device to:
(A) Knowingly make or transmit any comment, request, suggestion, proposal, image or text which is obscene, lewd, lascivious or indecent;

(B) make or transmit a call, whether or not conversation ensues, with intent to abuse, threaten or harass any person at the receiving end;
(C) make or transmit any comment, request, suggestion, proposal, image or text with intent to abuse, threaten or harass any person at the receiving end;
(D) make or cause a telecommunications device to repeatedly ring or activate with intent to harass any person at the receiving end;
(E) knowingly play any recording on a telephone, except recordings such as weather information or sports information when the number thereof is dialed, unless the person or group playing the recording shall be identified and state that it is a recording; or
(F) knowingly permit any telecommunications device under one's control to be used in violation of this paragraph.
(2) Telefacsimile communication to send or transmit such communication to a court in the state of Kansas for a use other than court business, with no requirement of culpable mental state.
(b) Harassment by telecommunication device is a class A nonperson misdemeanor.
(c) Every telephone directory published for distribution to members of the general public shall contain a notice setting forth a summary of the provisions of this section. Such notice shall be printed in type which is no smaller than any other type on the same page
and shall be preceded by the word “WARNING.”
(d) As used in this section, “telecommunications device” includes telephones, cellular telephones, telefacsimile machines and any other electronic device which makes use of an electronic communication service, as defined in K.S.A. 22-2514, and amendments thereto.

(e) An offender who violates the provisions of this section may also be prosecuted for,
convicted of, and punished for any other offense in K.S.A. 21-5508, 21-5509, 21-5510 or 21-6401.

Kansas Statutes Chapter 21. Crimes and Punishments

§21-5909

Intimidation of a witness or victim; aggravated
intimidation of a witness or victim
(a) Intimidation of a witness or victim is preventing or dissuading, or attempting to prevent or dissuade, with an intent to vex, annoy, harm or injure in any way another person or an intent to thwart or interfere in any manner with the orderly administration of justice:
(1) Any witness or victim from attending or giving testimony at any civil or criminal trial, proceeding or inquiry authorized by law; or
(2) any witness, victim or person acting on behalf of a victim from:
(A) Making any report of the victimization of a victim to any law enforcement officer, prosecutor, probation officer, parole officer, correctional officer, community correctional services officer, judicial officer, the secretary for children and families, the secretary for
aging and disability services, or any agent or representative of either secretary, or any person required to make a report pursuant to K.S.A. 38-2223, and amendments thereto;
(B) causing a complaint, indictment or information to be sought and prosecuted or causing a violation of probation, parole or assignment to a community correctional services program to be reported and prosecuted, and assisting in its prosecution;
(C) causing a civil action to be filed and prosecuted and assisting in its prosecution; or

(D) arresting or causing or seeking the arrest of any person in connection with the victimization of a victim.
(b) Aggravated intimidation of a witness or victim is intimidation of a witness or victim, as defined in subsection (a), when the:
(1) Act is accompanied by an expressed or implied threat of force or violence against a witness, victim or other person or the property of any witness, victim or other person;
(2) act is in furtherance of a conspiracy;
(3) act is committed by a person who has been previously convicted of corruptly influencing a witness or has been convicted of a violation of this section or any federal or other state's statute that, if the act prosecuted was committed in this state, would be a violation of this section;
(4) witness or victim is under 18 years of age; or
(5) act is committed for pecuniary gain or for any other consideration by a person acting upon the request of another person.
(c)(1) Intimidation of a witness or victim is a class B person misdemeanor.
(2) Aggravated intimidation of a witness or victim is a severity level 6, person felony.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change; users should verify statutes through official state resources.

Kentucky Revised Statutes Title L. Kentucky Penal Code
§ 508.130.Definitions for KRS 508.130 to 508.150

As used in KRS 508.130 to 508.150, unless the context requires otherwise:
(1) (a) To “stalk” means to engage in an intentional course of conduct:
1. Directed at a specific person or persons;
2. Which seriously alarms, annoys, intimidates, or harasses the person or persons; and
3. Which serves no legitimate purpose.
(b) The course of conduct shall be that which would cause a reasonable person to suffer substantial mental distress.
(2) “Course of conduct” means a pattern of conduct composed of two (2) or more acts, evidencing a continuity of purpose. One (1) or more of these acts may include the use of any equipment, instrument, machine, or other device by which communication or information is transmitted, including computers, the Internet or other electronic network, cameras or other recording devices, telephones or other personal communications devices, scanners or other copying devices, and any device that enables the use of a transmitting device. Constitutionally protected activity is not included within the
meaning of “course of conduct.” If the defendant claims that he was engaged in constitutionally protected activity, the court shall determine the validity of that claim as
a matter of law and, if found valid, shall exclude that activity from evidence.
(3) “Protective order” means:
(a) An emergency protective order or domestic violence order issued under KRS 403.715 to 403.785;

(b) A foreign protective order, as defined in KRS 403.720 and 456.010;
(c) An order issued under KRS 431.064;
(d) A restraining order issued in accordance with KRS 508.155;
(e) An order of protection as defined in KRS 403.720 and 456.010; and
(f) Any condition of a bond, conditional release, probation, parole, or pretrial diversion order designed to protect the victim from the offender.

Kentucky Revised Statutes Title L. Kentucky Penal Code
§ 508.140.Stalking in the first degree

(1) A person is guilty of stalking in the first degree,
(a) When he intentionally:
1. Stalks another person; and
2. Makes an explicit or implicit threat with the intent to place that person in reasonable fear of:
a. Sexual contact as defined in KRS 510.010;
b. Serious physical injury; or
c. Death; and
(b) 1. A protective order has been issued by the court to protect the same victim or victims and the defendant has been served with the summons or order or has been given actual notice; or

2. A criminal complaint is currently pending with a court, law enforcement agency, or prosecutor by the same victim or victims and the defendant has been served with a summons or warrant or has been given actual notice; or
3. The defendant has been convicted of or pled guilty within the previous five (5) years to a felony or to a Class A misdemeanor against the same victim or victims; or
4. The act or acts were committed while the defendant had a deadly weapon on or about his person.
(2) Stalking in the first degree is a Class D felony.

Kentucky Revised Statutes Title L. Kentucky Penal Code
§ 508.150.Stalking in the second degree

(1) A person is guilty of stalking in the second degree when he intentionally:
(a) Stalks another person; and
(b) Makes an explicit or implicit threat with the intent to place that person in reasonable
fear of:
1. Sexual contact as defined in KRS 510.010;
2. Physical injury; or
3. Death.
(2) Stalking in the second degree is a Class A misdemeanor.

Kentucky Revised Statutes Title L. Kentucky Penal Code
§ 525.080.Harassing communications

(1) A person is guilty of harassing communications when, with intent to intimidate, harass, annoy, or alarm another person, he or she:
(a) Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of electronic or written communication in a manner which causes annoyance or alarm and serves no purpose of legitimate communication;
(b) Makes a telephone call, whether or not conversation ensues, with no purpose of legitimate communication; or
(c) Communicates, while enrolled as a student in a local school district, with or about another school student, anonymously or otherwise, by telephone, the Internet, telegraph,
mail, or any other form of electronic or written communication in a manner which a reasonable person under the circumstances should know would cause the other student to suffer fear of physical harm, intimidation, humiliation, or embarrassment and which serves no purpose of legitimate communication.
(2) Harassing communications is a Class B misdemeanor.
Kentucky Revised Statutes Title L. Kentucky Penal Code
§ 531.120.Distribution of sexually explicit images without
consent
(1) A person is guilty of distribution of sexually explicit images without consent when:
(a) He or she intentionally distributes to any third party private erotic matter without the written consent of the person depicted, and does so with the intent to profit, or to harm, harass, intimidate, threaten, or coerce the person depicted; and

(b) The disclosure would cause a reasonable person to suffer harm.
(2) This section shall not apply to:
(a) Images involving voluntary nudity or sexual conduct in public, commercial settings, or in a place where a person does not have a reasonable expectation of privacy;
(b) Disclosures made in the public interest, including the reporting of unlawful conduct, or lawful and common practices of law enforcement, criminal reporting, corrections, legal proceedings, or medical treatment;
(c) Disclosures of materials that constitute a matter of public concern; or
(d) Internet service providers or telecommunications services, or interactive computer services, as defined in 47 U.S.C. sec. 230(f)(2), for content solely provided by another person.
(3) A person who maintains an Internet Web site, online service, online application, or mobile application that distributes private erotic matter shall remove any such image if requested by a person depicted, and shall not solicit or accept a fee or other
consideration to remove the visual image.
(4) Distribution of sexually explicit images without consent is a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense, unless the person distributes the private erotic matter for profit or gain, in which case it is a Class
D felony for the first offense and a Class C felony for each subsequent offense.
(5) In this section, “consent” means the consent to transmission of images to a specific recipient or recipients. Consent to the creation of the visual image does not, by itself, constitute consent to the distribution of the visual image.

(6) Notwithstanding KRS 17.500 to 17.580, a conviction under this section shall not result in the offender being deemed a registrant or being required to register as a sex

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change; users should verify statutes through official state resources.

Louisiana Revised Statutes Tit. 14, § 40.2. Stalking
A. Stalking is the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress.Stalking shall include but not be limited to the intentional and repeated uninvited presence of the perpetrator at another person's home, workplace, school, or any place which would cause a reasonable person to be alarmed, or to suffer emotional distress as a result of verbal, written, or behaviorally implied threats of death, bodily injury, sexual assault, kidnapping, or any other statutory criminal act to himself or any member of his family or any person with whom he is acquainted.
B. (1)(a) Notwithstanding any law to the contrary, on first conviction, whoever commits the crime of stalking shall be fined not less than five hundred dollars nor more than one thousand dollars and shall be imprisoned for not less than thirty days nor more than one year. Notwithstanding any other sentencing provisions, any person convicted of stalking shall undergo a psychiatric evaluation. Imposition of the sentence shall not be suspended unless the offender is placed on probation and participates in a
court-approved counseling which could include but shall not be limited to anger management, abusive behavior intervention groups, or any other type of counseling deemed appropriate by the courts.
(b) Whoever commits the crime of stalking against a victim under the age of eighteen when the provisions of Paragraph (6) of this Subsection are not applicable shall be imprisoned for not more than three years, with or without hard labor, and fined not more
than two thousand dollars, or both.
(2)(a) Any person who commits the offense of stalking and who is found by the trier of fact, whether the jury at a jury trial, the judge in a bench trial, or the judge at a sentencing hearing following a jury trial, beyond a reasonable doubt to have placed the victim of the stalking in fear of death or bodily injury by the actual use of or the
defendant's having in his possession during the instances which make up the crime of stalking a dangerous weapon or is found beyond a reasonable doubt to have placed the victim in reasonable fear of death or bodily injury, shall be imprisoned for not less than one year nor more than five years, with or without hard labor, without benefit of probation, parole, or suspension of sentence and may be fined one thousand dollars, or both. Whether or not the defendant's use of or his possession of the dangerous weapon is a crime or, if a crime, whether or not he is charged for that offense separately or in addition to the crime of stalking shall have no bearing or relevance as to the enhanced sentence under the provisions of this Paragraph.
(b) If the victim is under the age of eighteen, and when the provisions of Paragraph (6) of this Subsection are not applicable, the offender shall be imprisoned for not less than two years nor more than five years, with or without hard labor, without benefit of
probation, parole, or suspension of sentence and may be fined not less than one thousand nor more than two thousand dollars, or both.
(3) Any person who commits the offense of stalking against a person for whose benefit a protective order, a temporary restraining order, or any lawful order prohibiting contact with the victim issued by a judge or magistrate is in effect in either a civil or criminal proceeding, protecting the victim of the stalking from acts by the offender which
otherwise constitute the crime of stalking, shall be punished by imprisonment with or without hard labor for not less than ninety days and not more than two years or fined not more than five thousand dollars, or both.
(4) Upon a second conviction occurring within seven years of a prior conviction for stalking, the offender shall be imprisoned with or without hard labor for not less than five years nor more than twenty years, without benefit of probation, parole, or suspension of sentence, and may be fined not more than five thousand dollars, or both.

(5) Upon a third or subsequent conviction, the offender shall be imprisoned with or without hard labor for not less that ten years and not more than forty years and may be fined not more than five thousand dollars, or both.
(6)(a) Any person thirteen years of age or older who commits the crime of stalking against a child twelve years of age or younger and who is found by the trier of fact, whether the jury at a jury trial, the judge in a bench trial, or the judge at a sentencing hearing following a jury trial, beyond a reasonable doubt to have placed the child in
reasonable fear of death or bodily injury, or in reasonable fear of the death or bodily injury of a family member of the child shall be punished by imprisonment with or without hard labor for not less than one year and not more than three years and fined not less than fifteen hundred dollars and not more than five thousand dollars, or both.
(b) Lack of knowledge of the child's age shall not be a defense.
C. For the purposes of this Section, the following words shall have the following meanings:
(1) “Harassing” means the repeated pattern of verbal communications or nonverbal behavior without invitation which includes but is not limited to making telephone calls, transmitting electronic mail, sending messages via a third party, or sending letters or pictures.
(2) “Pattern of conduct” means a series of acts over a period of time, however short, evidencing an intent to inflict a continuity of emotional distress upon the person. Constitutionally protected activity is not included within the meaning of pattern of conduct.
(3) Repealed by Acts 1993, No. 125, § 2.

D. As used in this Section, when the victim of the stalking is a child twelve years old or younger:
(1) “Pattern of conduct” includes repeated acts of nonconsensual contact involving the victim or a family member.
(2) “Family member” includes:
(a) A child, parent, grandparent, sibling, uncle, aunt, nephew, or niece of the victim, whether related by blood, marriage, or adoption.
(b) A person who lives in the same household as the victim.
(3)(a) “Nonconsensual contact” means any contact with a child twelve years old or younger that is initiated or continued without that child's consent, that is beyond the scope of the consent provided by that child, or that is in disregard of that child's expressed desire that the contact be avoided or discontinued.
(b) “Nonconsensual contact” includes:
(i) Following or appearing within the sight of that child.
(ii) Approaching or confronting that child in a public place or on private property.
(iii) Appearing at the residence of that child.
(iv) Entering onto or remaining on property occupied by that child.
(v) Contacting that child by telephone.
(vi) Sending mail or electronic communications to that child.
(vii) Placing an object on, or delivering an object to, property occupied by that child.

(c) “Nonconsensual contact” does not include any otherwise lawful act by a parent, tutor, caretaker, mandatory reporter, or other person having legal custody of the child as
those terms are defined in the Louisiana Children's Code.
(4) “Victim” means the child who is the target of the stalking.
E. Whenever it is deemed appropriate for the protection of the victim, the court may send written notice to any employer of a person convicted for a violation of the provisions of this Section describing the conduct on which the conviction was based.
F. (1)(a) Upon motion of the district attorney or on the court's own motion, whenever it is deemed appropriate for the protection of the victim, the court may, in addition to anypenalties imposed pursuant to the provisions of this Section, grant a protective order which directs the defendant to refrain from abusing, harassing, interfering with the victim or the employment of the victim, or being physically present within a certain distance of the victim.
(b) For any defendant placed on probation for a violation of the provisions of this Section, the court shall, in addition to any penalties imposed pursuant to the provisions of this Section, grant a protective order which directs the defendant to refrain from abusing, harassing, interfering with the victim or the employment of the victim, or being
physically present within a certain distance of the victim.
(2) Any protective order granted pursuant to the provisions of this Subsection shall be served on the defendant at the time of sentencing.
(3)(a) The court shall order that the protective order be effective either for an indefinite period of time or for a fixed term which shall not exceed eighteen months.
(b) If the court grants the protective order for an indefinite period of time pursuant to Subparagraph (a) of this Paragraph, after a hearing, on the motion of any party and for good cause shown, the court may modify the indefinite effective period of the protective order to be effective for a fixed term, not to exceed eighteen months, or to terminate the effectiveness of the protective order. A motion to modify or terminate the effectiveness of the protective order may be granted only after a good faith effort has been made to
provide reasonable notice of the hearing to the victim, the victim's designated agent, or the victim's counsel, and either of the following occur:
(i) The victim, the victim's designated agent, or the victim's counsel is present at the hearing or provides written waiver of such appearance.
(ii) After a good faith effort has been made to provide reasonable notice of the hearing, the victim could not be located.
(4)(a) Immediately upon granting a protective order, the court shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2, shall sign such order, and shall forward it to the clerk of court for filing, without delay.
(b) The clerk of the issuing court shall send a copy of the Uniform Abuse Prevention Order or any modification thereof to the chief law enforcement official of the parish where the victim resides. A copy of the Uniform Abuse Prevention Order shall be retained on file in the office of the chief law enforcement officer as provided in this
Subparagraph until otherwise directed by the court.
(c) The clerk of the issuing court shall transmit the Uniform Abuse Prevention Order, or any modification thereof, to the Louisiana Protective Order Registry pursuant to R.S.
46:2136.2, by facsimile transmission, mail, or direct electronic input, where available, as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court.

(5) If a protective order is issued pursuant to the provisions of this Subsection, the court shall also order that the defendant be prohibited from possessing a firearm for the duration of the Uniform Abuse Prevention Order.
G. (1) Except as provided in Paragraph (2) of this Subsection, the provisions of this Section shall not apply to a private investigator licensed pursuant to the provisions of Chapter 56 of Title 37 of the Louisiana Revised Statutes of 1950, acting during the course and scope of his employment and performing his duties relative to the
conducting of an investigation.
(2) The exception provided in Paragraph (1) of this Subsection does not apply if both of the following conditions apply:
(a) The private investigator was retained by a person who is charged with an offense involving sexual assault as defined by R.S. 46:2184 or who is subject to a temporary restraining order or protective order obtained by a victim of sexual assault pursuant to R.S. 46:2182 et seq.
(b) The private investigator was retained for the purpose of harassing the victim.
H. The provisions of this Section shall not apply to an investigator employed by an authorized insurer regulated pursuant to the provisions of Title 22 of the Louisiana Revised Statutes of 1950, acting during the course and scope of his employment and
performing his duties relative to the conducting of an insurance investigation.
I. The provisions of this Section shall not apply to an investigator employed by an authorized self-insurance group or entity regulated pursuant to the provisions of Chapter 10 of Title 23 of the Louisiana Revised Statutes of 1950, acting during the course and scope of his employment and performing his duties relative to the conducting of an insurance investigation.

J. A conviction for stalking shall not be subject to expungement as provided for by Title
XXXIV of the Code of Criminal Procedure.

Louisiana Revised Statutes Tit. 14, § 40.3. Cyberstalking
A. For the purposes of this Section, the following words shall have the following meanings:
(1) “Electronic communication” means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature, transmitted in whole or in part by wire, radio, computer, electromagnetic, photoelectric, or photo-optical system.
(2) “Electronic mail” means the transmission of information or communication by the use of the Internet, a computer, a facsimile machine, a pager, a cellular telephone, a video recorder, or other electronic means sent to a person identified by a unique
address or address number and received by that person.
B. Cyberstalking is action of any person to accomplish any of the following:
(1) Use in electronic mail or electronic communication of any words or language threatening to inflict bodily harm to any person or to such person's child, sibling, spouse, or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person.
(2) Electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of threatening, terrifying, or harassing any person.
(3) Electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person's
family or household with the intent to threaten, terrify, or harass.
(4) Knowingly permit an electronic communication device under the person's control to be used for the taking of an action in Paragraph (1), (2), or (3) of this Subsection.
C. (1) Whoever commits the crime of cyberstalking shall be fined not more than two thousand dollars, or imprisoned for not more than one year, or both.
(2) Upon a second conviction occurring within seven years of the prior conviction for cyberstalking, the offender shall be imprisoned for not less than one hundred and eighty days and not more than three years, and may be fined not more than five thousand dollars, or both.
(3) Upon a third or subsequent conviction occurring within seven years of a prior conviction for stalking, the offender shall be imprisoned for not less than two years and not more than five years and may be fined not more than five thousand dollars, or both.
(4) Repealed by Acts 2020, No. 352, § 2.
D. Any offense under this Section committed by the use of electronic mail or electronic communication may be deemed to have been committed where the electronic mail or electronic communication was originally sent, originally received, or originally viewed by
any person.
E. This Section does not apply to any peaceable, nonviolent, or nonthreatening activity intended to express political views or to provide lawful information to others.

Louisiana Revised Statutes Tit. 14, § 73.10. Online
impersonation
A. (1) It shall be unlawful for any person, with the intent to harm, intimidate, threaten, or defraud, to intentionally impersonate another actual person, without the consent of that person, in order to engage in any of the following:
(a) Open an electronic mail account, any other type of account, or a profile on a social networking website or other Internet website.
(b) Post or send one or more messages on or through a social networking website or other Internet website.
(2) It shall be unlawful for any person, with the intent to harm, intimidate, threaten, or defraud, to send an electronic mail, instant message, text message, or other form of electronic communication that references a name, domain address, phone number, or
other item of identifying information belonging to another actual person without the consent of that person and with the intent to cause the recipient of the communication to believe that the other person authorized or transmitted the communication.
B. For purposes of this Section, the following words shall have the following meanings:
(1) “Access software provider” means a provider of software, including client or server software, or enabling tools that do one or more of the following:
(a) Filter, screen, allow, or disallow content.
(b) Select, choose, analyze, or digest content.
(c) Transmit, receive, display, forward, cache, search, organize, reorganize, or translate content.

(2) “Cable operator” means any person or group of persons who provides cable service over a cable system and directly, or through one or more affiliates, owns a significant interest in such cable system, or who otherwise controls or is responsible for, through
any arrangement, the management and operation of such cable system.
(3) “Interactive computer service” means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a service or system that provides access to the Internet and
such systems operated or services offered by libraries or educational institutions.
(4) “Social networking website” means an Internet website that has any of the following capabilities:
(a) Allows users to register and create web pages or profiles about themselves that are available to the general public or to any other users.
(b) Offers a mechanism for direct or real-time communication among users, such as a forum, chat room, electronic mail, or instant messaging.
(5) “Telecommunications service” means the offering of telecommunications for a fee directly to the public, regardless of the facilities used.
C. (1) Except as provided in Paragraph (2) of this Subsection, whoever violates any provision of this Section shall be fined not less than two hundred fifty dollars nor more than one thousand dollars, imprisoned for not less than ten days nor more than six months, or both.
(2) When the offender is under the age of eighteen years, the disposition of the matter shall be governed exclusively by the provisions of Title VII of the Children's Code.

D. The provisions of this Section shall not apply to any of the following or to any person who is employed by any of the following when the actions of the employee are within the course and scope of his employment:
(1) A social networking website.
(2) An interactive computer service provider.
(3) A telecommunications service provider.
(4) A cable operator.
(5) An Internet service provider.
(6) Any law enforcement officer or agency.
Louisiana Revised Statutes Tit. 14, § 285. Unlawful communications; telephones and telecommunications devices; improper language; harassment; penalty
A. No person shall:
(1) Engage in or institute a telephone call, telephone conversation, or telephone conference, with another person, or use any telecommunications device to send any text message or other message to another person directly, anonymously or otherwise,
and therein use obscene, profane, vulgar, lewd, or lascivious language, or make any suggestion or proposal of an obscene nature or threaten any illegal or immoral act with the intent to coerce, intimidate, or harass any person.
(2) Make repeated telephone communications or send repeated text messages or other messages using any telecommunications device directly to a person anonymously or otherwise in a manner reasonably expected to abuse, torment, harass, embarrass, or offend another, whether or not conversation ensues.
(3) Make a telephone call and intentionally fail to hang up or disengage the connection.
(4) Engage in a telephone call, conference, or recorded communication by using obscene language or by making a graphic description of a sexual act, or use any telecommunications device to send any text message or other message containing obscene language or any obscene content, anonymously or otherwise, directly to another person, when the offender knows or reasonably should know that such obscene or graphic language is directed to, or will be heard by, a minor. Lack of knowledge of age shall not constitute a defense.
(5) Knowingly permit any telephone or any other telecommunications device under his control to be used for any purpose prohibited by this Section.
B. Any offense as set forth in this Section shall be deemed to have been committed at either the place where the communication originated or at the place where the communication was received.
C. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.
D. Upon second or subsequent offenses, the offender shall be fined not more than five thousand dollars, or imprisoned with or without hard labor for not more than two years, or both.
E. For the purposes of this Section, “telecommunications device” shall mean any type of instrument, device, or machine that is capable of transmitting or receiving telephonic, electronic, radio, text, or data communications, including but not limited to a cellular
telephone, a text-messaging device, a personal digital assistant, a computer, or any other similar wireless device that is designed to engage in a call or communicate text or
data.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change; users should verify statutes through official state resources.

Title 20-A: EDUCATION

Part 3: ELEMENTARY AND SECONDARY EDUCATION
Chapter 223: HEALTH, NUTRITION AND SAFETY

Subchapter 6: SAFETY §6555

§6554. Prohibition on bullying in public schools
1. Findings. All students have the right to attend public schools that are safe, secure and peaceful environments. The Legislature finds that bullying and cyberbullying have a negative effect on the school environment and student learning and well-being. These behaviors must be addressed to ensure student safety and an inclusive
learning environment. Bullying may be motivated by a student's actual or perceived race; color; religion; national origin; ancestry or ethnicity; sexual orientation; socioeconomic status; age; physical, mental, emotional or learning disability; gender; gender identity and expression; physical appearance; weight; family status; or other
distinguishing personal characteristics or may be based on association with another person identified with such a characteristic. Nothing in this section may be interpreted as inconsistent with the existing protection, in accordance with the First Amendment of
the United States Constitution, for the expression of religious, political and philosophical views in a school setting.
[PL 2011, c. 659, §3 (NEW).]
2. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.

A. "Alternative discipline" means disciplinary action other than suspension or expulsion from school that is designed to correct and address the root causes of a student's specific misbehavior while retaining the student in class or school, or restorative school practices to repair the harm done to relationships and persons from the student's misbehavior. "Alternative discipline" includes, but is not limited
to:

(1) Meeting with the student and the student's parents;

(2) Reflective activities, such as requiring the student to write an essay about
the student's misbehavior;

(3) Mediation when there is mutual conflict between peers, rather than
one-way negative behavior, and when both parties freely choose to meet;

(4) Counseling;

(5) Anger management;

(6) Health counseling or intervention;

(7) Mental health counseling;

(8) Participation in skills building and resolution activities, such as
social-emotional cognitive skills building, resolution circles and restorative conferencing;

(9) Community service; and

(10) In-school detention or suspension, which may take place during
lunchtime, after school or on weekends. [PL 2011, c. 659, §3 (NEW).]

B. "Bullying" includes, but is not limited to, a written, oral or electronic expression or a physical act or gesture or any combination thereof directed at a student or students that:

(1) Has, or a reasonable person would expect it to have, the effect of:

(a) Physically harming a student or damaging a student's property; or

(b) Placing a student in reasonable fear of physical harm or damage to the student's property;

(2) Interferes with the rights of a student by:

(a) Creating an intimidating or hostile educational environment for the student; or

(b) Interfering with the student's academic performance or ability to
participate in or benefit from the services, activities or privileges provided by a school; or

(3) Is based on a student's actual or perceived characteristics identified in Title 5, section 4602 or 4684‐A, or is based on a student's association with a person with one or more of these actual or perceived characteristics or any other distinguishing characteristics and that has the effect described in subparagraph (1) or (2).

"Bullying" includes cyberbullying. [PL 2011, c. 659, §3 (NEW).]

C. "Cyberbullying" means bullying through the use of technology or any electronic communication, including, but not limited to, a transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted by the use of any electronic device, including, but not limited to, a computer, telephone, cellular telephone, text messaging device and personal digital assistant. [PL 2011, c. 659,
§3 (NEW).]

D. "Retaliation" means an act or gesture against a student for asserting or alleging an act of bullying. "Retaliation" also includes reporting that is not made in good faith on an act of bullying. [PL 2011, c. 659, §3 (NEW).]

E. "School grounds" means a school building; property on which a school building or facility is located; and property that is owned, leased or used by a school for a school-sponsored activity, function, program, instruction or training. "School grounds" also includes school-related transportation vehicles. [PL 2011, c. 659,
§3 (NEW).] [PL 2011, c. 659, §3 (NEW).]
3. Prohibition. A person may not engage in bullying on school grounds. This section does not modify or eliminate a school's obligation to comply with state and federal constitutional protections and civil rights laws applicable to schools. [PL 2011, c. 659, §3 (NEW).]
4. Scope. This section applies to bullying that:

A. Takes place at school or on school grounds, at any school-sponsored or school-related activity or event or while students are being transported to or from school or school-sponsored activities or events; or [PL 2011, c. 659, §3 (NEW).]
B. Takes place elsewhere or through the use of technology, but only if the bullying also infringes on the rights of the student at school as set forth in subsection 2, paragraph B. [PL 2011, c. 659, §3 (NEW).]
[PL 2011, c. 659, §3 (NEW).]
5. Adoption of policy. When revising the policies and procedures it has established to address bullying pursuant to section 1001, subsection 15, paragraph H, a school board shall ensure that its policies and procedures are consistent with the model policy developed or revised by the commissioner pursuant to section 254, subsection 11‐A. The
policies and procedures must include, but are not limited to:
A. A provision identifying the responsibility of students and others on school grounds to comply with the policies; [PL 2011, c. 659, §3 (NEW).]

B. A clear statement that bullying, harassment and sexual harassment and retaliation for reporting incidents of such behavior are prohibited; [PL 2011, c.659, §3 (NEW).]

C. A provision outlining the responsibility of a superintendent to implement and enforce the bullying policies required by this section, including:

(1) A requirement that the superintendent designate a school principal or
other school personnel to administer the policies at the school level; and

(2) A procedure for publicly identifying the superintendent's designee or
designees for administering the policies at the school level; [PL 2011, c. 659, §3 (NEW).]

D. A requirement that school staff members, coaches and advisors for
extracurricular and cocurricular activities report incidents of bullying to the school
principal or other school personnel designated by the superintendent pursuant to paragraph C; [PL 2011, c. 659, §3 (NEW).]

E. Procedures for students, school staff members, parents and others to report incidents of bullying. The procedures must permit reports of bullying to be made anonymously; [PL 2011, c. 659, §3 (NEW).]
F. A procedure for promptly investigating and responding to incidents of bullying, including written documentation of reported incidents and the outcome of the investigations; [PL 2011, c. 659, §3 (NEW).]
G. A clear statement that any person who engages in bullying, who is determined to have knowingly and falsely accused another of bullying or who engages in acts of retaliation against a person who reports a suspected incident of bullying is subject to disciplinary actions, which actions may include but are not limited to imposing a
series of graduated consequences that include alternative discipline; [PL 2011, c. 659, §3 (NEW).]

H. A procedure for a person to appeal a decision of a school principal or a superintendent's designee related to taking or not taking disciplinary action in accordance with the policies adopted pursuant to this subsection. The appeals procedure must be consistent with other appeals procedures established by the school board and may include an appeal to the superintendent; [PL 2011, c. 659,
§3 (NEW).]

I. A procedure to remediate any substantiated incident of bullying to counter the negative impact of the bullying and reduce the risk of future bullying incidents, which may include referring the victim, perpetrator or other involved persons to counseling or other appropriate services; [PL 2011, c. 659, §3 (NEW).]

J. A process for the school to communicate to the parent of a student who has been bullied the measures being taken to ensure the safety of the student who has been bullied and to prevent further acts of bullying; and [PL 2011, c. 659, §3 (NEW).]

K. A procedure for communicating with a local or state law enforcement agency if the school principal or the superintendent's designee believes that the pursuit of criminal charges or a civil action under the Maine Civil Rights Act is appropriate.
[PL 2011, c. 659, §3 (NEW).]

School boards may combine the policies and procedures required by this subsection with nondiscrimination, harassment and sexual harassment policies and grievance
procedures. [PL 2011, c. 659, §3 (NEW).]
6. Dissemination of policy. Each school board shall annually provide the written policies and procedures adopted pursuant to subsection 5 to students, parents, volunteers, administrators, teachers and school staff. The policies and procedures must be posted on the school administrative unit's publicly accessible website. Each school
board shall include in its student handbook a section that addresses in detail the policies and procedures adopted pursuant to subsection 5. [PL 2011, c. 659, §3 (NEW).]

7. Application. A superintendent or the superintendent's designee shall ensure that every substantiated incident of bullying is addressed.
A. The prohibition on bullying and retaliation and the attendant consequences
apply to any student, school employee, contractor, visitor or volunteer who engages
in conduct that constitutes bullying or retaliation. [PL 2011, c. 659, §3 (NEW).]

B. Any contractor, visitor or volunteer who engages in bullying must be barred from school grounds until the superintendent is assured that the person will comply with this section and the policies of the school board. [PL 2011, c. 659, §3
(NEW).]

C. Any organization affiliated with the school that authorizes or engages in bullying or retaliation forfeits permission for that organization to operate on school grounds
or receive any other benefit of affiliation with the school. [PL 2011, c. 659, §3 (NEW).] [PL 2011, c. 659, §3 (NEW).]
8. Transparency and monitoring. Each school administrative unit shall file its policies to address bullying and cyberbullying with the department.
[PL 2011, c. 659, §3 (NEW).]
9. Staff training. A school administrative unit shall provide professional development and staff training in the best approaches to implementing this section. [PL 2011, c. 659, §3 (NEW).]
SECTION HISTORY PL 2011, c. 659, §3 (NEW).

Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES

Chapter 9: OFFENSES AGAINST THE PERSON

§210-B

§210-A. Stalking
1. A person is guilty of stalking if:
A. The actor intentionally or knowingly engages in a course of conduct directed at or
concerning a specific person that would cause a reasonable person:

(1) To suffer serious inconvenience or emotional distress;

(2) To fear bodily injury or to fear bodily injury to a close relation;

(3) To fear death or to fear the death of a close relation;

(4) To fear damage or destruction to or tampering with property; or
(5) To fear injury to or the death of an animal owned by or in the possession and control of that specific person.

Violation of this paragraph is a Class D crime; [PL 2015, c. 357, §1 (AMD).]
B. [PL 2001, c. 383, §12 (RP); PL 2001, c. 383, §156 (AFF).]
C. The actor violates paragraph A and has one or more prior convictions in this State or another jurisdiction. Notwithstanding section 2, subsection 3‐B, as used in this paragraph, "another jurisdiction" also includes any Indian tribe. Violation of this paragraph is a Class C crime. In determining the sentence for a violation of
this paragraph the court shall impose a sentencing alternative pursuant to section 1502, subsection 2 that includes a term of imprisonment. In determining the basic term of imprisonment as the first step in the sentencing process, the court shall select a term of at
least one year.

For the purposes of this paragraph, "prior conviction" means a conviction for a violation of this section; Title 5, section 4659; Title 15, section 321; former Title 19, section 769; Title

19‐A, former section 4011 or Title 19‐A, section 4113; Title 22, section 4036; any other temporary, emergency, interim or final protective order; an order of a tribal court of the
Passamaquoddy Tribe or the Penobscot Nation; any similar order issued by any court of the United States or of any other state, territory, commonwealth or tribe; or a court-approved
consent agreement. Section 9‐A governs the use of prior convictions when determining a sentence; [PL 2021, c. 647, Pt. B, §24 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
D. The actor violates paragraph A and the course of conduct is directed at or concerning 2 or more specific persons that are members of an identifiable group.

Violation of this paragraph is a Class C crime; or [PL 2015, c. 357, §3 (NEW).]
E. The actor violates paragraph C and at least one prior conviction was for a violation of paragraph D.

Violation of this paragraph is a Class B crime. In determining the sentence for a violation of this paragraph the court shall impose a sentencing alternative pursuant to section 1502, subsection 2 that includes a term of imprisonment. In determining the basic term of
imprisonment as the first step in the sentencing process, the court shall select a term of at least 2 years. [PL 2019, c. 113, Pt. C, §60 (AMD).] [PL 2021, c. 647, Pt. B, §24 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
2. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Course of conduct" means 2 or more acts, including but not limited to acts in which the actor, by any action, method, device or means, directly or indirectly:

(1) Follows, monitors, tracks, observes, surveils or harasses a person;

(2) Interferes with a person's property;

(3) Threatens a person, consciously disregarding a substantial risk that the actor's conduct would cause a reasonable person to experience any of the effects identified in subsection 1, paragraph A; or

(4) Communicates to or about a person, consciously disregarding a substantial risk that the actor's conduct would cause a reasonable person to experience any of the effects identified in subsection 1, paragraph A.

"Course of conduct" also includes, but is not limited to, threats implied by conduct and gaining unauthorized access to personal, medical, financial or other identifying or confidential information. [PL 2023, c. 519, §2 (RPR).]
B. "Close relation" means a current or former spouse or domestic partner, parent, child, sibling, stepchild, stepparent, grandparent, any person who regularly resides in the household or who within the prior 6 months regularly resided in the household or any person with a significant personal or professional relationship. [PL 2007, c. 685, §1
(AMD).]
C. [PL 2007, c. 685, §1 (RP).]
D. "Emotional distress" means mental or emotional suffering of the person being stalked as evidenced by anxiety, fear, torment or apprehension that may or may not result in a physical manifestation of emotional distress or a mental health diagnosis. [PL 2007, c. 685, §1 (NEW).]
E. "Serious inconvenience" means that a person significantly modifies that person's actions or routines in an attempt to avoid the actor or because of the actor’s course of conduct. "Serious inconvenience" includes, but is not limited to, changing a phone number, changing
an electronic mail address, moving from an established residence, changing daily routines, changing routes to and from work, changing employment or work schedule or losing time from work or a job. [PL 2007, c. 685, §1 (NEW).] [PL 2023, c. 519, §2 (AMD).]

Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES

Chapter 21: OFFENSES AGAINST PUBLIC ORDER

§506-A

§506. Harassment by telephone or by electronic communication
device
1. A person is guilty of harassment by telephone or by electronic communication device if:
A. By means of telephone or electronic communication device the person intentionally, knowingly or recklessly makes any comment, request, suggestion or proposal without the consent of the person called or contacted:

(1) That is, in fact, obscene; or

(2) With conscious disregard of a substantial risk that a reasonable person would find the comment, request, suggestion or proposal offensively coarse.
Violation of this paragraph is a Class E crime; [PL 2023, c. 519, §3 (RPR).]
A-1. By means of telephone or electronic communication device the person, with the intent to cause affront or alarm or for the purpose of arousing or gratifying sexual desire, sends an image or video of a sexual act as defined in section 251, subsection 1, paragraph C or of the actor's or another person's genitals and:

(1) The person called or contacted is in fact under 14 years of age;

(2) The person called or contacted is in fact 14 or 15 years of age and the actor is at least 5 years older than the person called or contacted; or

(3) The person called or contacted suffers from a mental disability that is reasonably apparent or known to the actor.

Violation of this paragraph is a Class D crime; [PL 2017, c. 397, §1 (NEW).]
A-2. By means of telephone or electronic communication device the person sends an image or a video of a sexual act as defined in section 251, subsection 1, paragraph C or of the
actor's or another person's genitals without the consent of the person called or contacted after the person called or contacted has notified the actor, in writing or otherwise, that the person does not consent to receiving such images or videos. Violation of this paragraph is a
Class E crime; [PL 2017, c. 397, §1 (NEW).]
B. The person makes a telephone call or makes a call or contact by means of an electronic communication device, whether or not oral or written conversation ensues, without disclosing the person's identity and with the intent to annoy, abuse, threaten or harass any
person at the called or contacted number or account. Violation of this paragraph is a Class E crime; [PL 2017, c. 397, §1 (AMD).]
C. The person makes or causes the telephone or electronic communication device of another
repeatedly or continuously to ring or activate or receive data, with the intent to harass any person at the called or contacted number or account. Violation of this paragraph is a Class E crime; [PL 2017, c. 397, §1 (AMD).]
D. The person makes repeated telephone calls or repeated calls or contacts by means of an electronic communication device, during which oral or written conversation ensues, with the intent to harass any person at the called or contacted number or account. Violation of
this paragraph is a Class E crime; or [PL 2017, c. 397, §1 (AMD).]
E. The person knowingly permits any telephone or electronic communication device under the person's control to be used for any purpose prohibited by this section. Violation of this
paragraph is a Class E crime. [PL 2017, c. 397, §1 (AMD).]
[PL 2023, c. 519, §3 (AMD).]
2. The crime defined in this section may be prosecuted and punished in the county in which the defendant was located when the defendant used the telephone or electronic communication device, or in the county in which the telephone called or made to ring or the electronic
communication device called or made to ring or be activated or receive data by the defendant was located.
[PL 2011, c. 464, §14 (AMD); PL 2011, c. 464, §30 (AFF).]
2-A. As used in this section, "electronic communication device" means any electronic or digital product that communicates at a distance by electronic transmission impulses or by fiber
optics, including any software capable of sending and receiving communication, allowing a person to electronically engage in the conduct prohibited under this section.
[PL 2011, c. 464, §14 (NEW); PL 2011, c. 464, §30 (AFF).]

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

M.G.L. c. 265, § 43 Section 43: Stalking; punishment Section 43.

(a) Whoever (1)willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and (2)makes a threat with the intent to place the person in imminent fear of death or bodily injury, shall be guilty of the crime of stalking and shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $1,000, or imprisonment in the house of correction for not more than 21/2 years or by both such fine and imprisonment. The conduct, acts or threats described in this subsection shall include, but not be limited to, conduct, acts or threats conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including, but not limited to, any device that transfers signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications.
(b)Whoever commits the crime of stalking in violation of a temporary or permanent vacate, restraining, or no-contact order or judgment issued pursuant to sections eighteen, thirty-four B, or thirty-four C of chapter two hundred and eight; or section thirty-two of chapter two hundred and nine; or sections three, four, or five of chapter two
hundred and nine  A; or sections fifteen or twenty of chapter two hundred and nine C or a protection order issued by another jurisdiction; or a temporary restraining order or preliminary or permanent injunction issued by the superior court, shall be punished by imprisonment in a jail or the state prison for not less than one year and not more than five years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of one year. A prosecution commenced hereunder shall not be placed on file or continued without a
finding, and the sentence imposed upon a person convicted of violating any provision of this subsection shall not be reduced to less than the mandatory minimum term of imprisonment as established herein, nor shall said sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory term of imprisonment. A person convicted of violating any provision of this subsection shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release or receive any deduction from hissentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person 18 years of age or over charged with a violation of this subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine shall not apply to any person convicted of violating any provision of this subsection.
(c) Whoever, after having been convicted of the crime of stalking, commits a second or subsequent such crime shall be punished by imprisonment in a jail or the state prison for not less than two years and not more than ten years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of two years. A prosecution commenced hereunder shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of this subsection shall not be reduced to less than the mandatory minimum term of imprisonment as established herein, nor shall said sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory term of imprisonment. A person convicted of violating any provision of this subsection shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person 18 years of age or over charged with a violation of this subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine shall not apply to any person convicted of violating any provision of this section.

M.G.L. c. 265, § 43A

(a) Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress,
shall be guilty of the crime of criminal harassment and shall be punished by imprisonment in a house of correction for not more than 2 1/2 years or by a fine of not more than $5,000, or by both such fine and imprisonment. The conduct or acts described in this paragraph shall include, but not be limited to, conduct or acts
conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including, but not limited to, any device that transfers signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications.
(b)(1) As used in this subsection, the following words shall have the following meanings unless the context clearly requires otherwise:
“Digitization”, the creation or alteration of visual material including, but not limited to, through the use of computer-generated images, in a manner that would falsely appear to a reasonable person to be an authentic representation of the person depicted. “Distribute”, give, sell, transfer, disseminate, publish, upload, circulate, broadcast or
engage in any other form of transmission, electronic or otherwise. “Identifiable”, recognizable from the visual material itself or from information offered in connection with the visual material.
“Partially nude”, the exposure of fully uncovered buttocks or all or part of the human genitals or the female nipple-areolar complex.
“Publish”, (i) disseminate an image with the intent that it be made available by any means to any person or other legal entity; (ii) disseminate an image with the intent that it be sold by another person or legal entity; (iii) post, present, display, exhibit, circulate,
advertise or allow access to an image by any means so as to make such image available to the public; or (iv) disseminate an image with the intent that it be posted, presented, displayed, exhibited, circulated, advertised or made accessible by any means
so as to make such image available to the public. “Visual material”, a photograph, film, video or digital image or recording, whether
produced by electronic, mechanical or other means, or any part, representation or reproduction thereof.
(2) Whoever knowingly distributes visual material, including visual material produced by digitization, depicting another person, who is either identifiable in the visual material or identified by the distributing person, who is nude, partially nude or engaged in sexual
conduct and to whom the distribution causes physical or economic injury or substantial emotional distress, and distributes such visual material with: (i) the intent to harm, harass, intimidate, threaten, coerce or cause substantial emotional distress; or (ii) reckless disregard for: (A) the likelihood that the person depicted will suffer harm, harassment, intimidation, threat, coercion or substantial emotional distress; (B) the depicted person's lack of consent to the distribution of such visual material, including material produced by digitization; and (C) the depicted person's reasonable expectation
that the visual material would remain private, shall be guilty of the crime of criminal harassment and shall be punished by imprisonment in a house of correction for not more than 2 1/2 years, by a fine of not more than $10,000 or by both such fine and imprisonment. Nothing in this section shall preclude a prosecution under section 29C of chapter 272.
(3) For the purposes of this subsection, consent to the creation of visual material shall not constitute consent to the distribution of the visual material.
(4) This subsection shall not preclude other remedies available at law or in equity including, but not limited to, the issuance by a court of competent jurisdiction of appropriate orders to restrain or prevent the distribution of visual material in violation of this subsection.
(5) Visual material that is part of any court record arising from a prosecution under this subsection shall not be open to public inspection and, unless otherwise ordered in writing by the court, shall only be made available for inspection by court personnel to a
district attorney, a defendant's attorney, a defendant or a victim connected to such prosecution; provided, however, that this paragraph shall not prohibit disclosure, inspection or other use of the visual material in the underlying prosecution or any related court proceeding in accordance with applicable evidentiary and procedural rules or a court order.
(6) This subsection shall not apply to: (i) visual material involving nudity, partial nudity or sexual conduct that is voluntary or consensual and occurring (A) in a commercial setting, or (B) in a place where a person does not have a reasonable expectation of
privacy; (ii) distribution made in the public interest, including the reporting of unlawful conduct; (iii) lawful and common practices of law enforcement, criminal reporting, corrections, legal proceedings or medical treatment, including telemedicine; (iv) distribution of visual material that constitutes a matter of public concern; (v) interactive
computer services as defined in 47 U.S.C. 230(f)(2) for content solely provided by another person; or (vi) information services or telecommunications services as defined in 47 U.S.C. 153 for content solely provided by another person.
(c) Whoever, after having been convicted of an offense under this section, commits a second or subsequent offense or whoever commits an offense under this section after having previously been convicted of a violation of section 43, shall be punished by
imprisonment in a house of correction for not more than 2 1/2 years or in a state prison for not more than 10 years, by a fine of not more than $15,000 or by both such fine and mprisonment.

M.G.L. c. 269, § 14A

Whoever telephones another person or contacts another person by electronic communication, or causes a person to be telephoned or contacted by electronic communication, repeatedly, for the sole purpose of harassing, annoying or molesting the person or the person’s family, whether or not conversation ensues, or whoever
telephones or contacts a person repeatedly by electronic communication and uses indecent or obscene language to the person, shall be punished by a fine of not more than $500 or by imprisonment for not more than 3 months, or by both such a fine and
imprisonment. For purposes of this section, “electronic communication” shall include, but not be limited to, any transfer of signs, signals, writing, images, sounds, data or intelligence of
any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Compiled Laws, Chapter 750. Michigan Penal Code §
750.411h Sec. 411h. (1) As used in this section:
(a) “Course of conduct” means a pattern of conduct composed of a series of 2 or more separate noncontinuous acts evidencing a continuity of purpose. (b) “Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual
relationship or an ordinary fraternization between 2 individuals in a business or social context.
(c) “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.
(d) “Harassment” means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer
emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.
(e) “Stalking” means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or
molested.
(f) “Unconsented contact” means any contact with another individual that is initiated or continued without that individual's consent or in disregard of that individual's expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but
is not limited to, any of the following:
(i) Following or appearing within the sight of that individual.
(ii) Approaching or confronting that individual in a public place or on private property.
(iii) Appearing at that individual's workplace or residence.
(iv) Entering onto or remaining on property owned, leased, or occupied by that individual.
(v) Contacting that individual by telephone.
(vi) Sending mail or electronic communications to that individual.
(vii) Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.
(g) “Victim” means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.
(2) An individual who engages in stalking is guilty of a crime as follows:
(a) Except as provided in subdivision (b), a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(b) If the victim was less than 18 years of age at any time during the individual's course of conduct and the individual is 5 or more years older than the victim, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.

(c) If the victim and the individual are spouses or former spouses, have or have had a dating relationship, have or have had a child in common, or are residents or former residents of the same household, a misdemeanor punishable by imprisonment for not
more than 1 year or a fine of not more than $1,000.00, or both.
(3) The court may place an individual convicted of violating this section on probation for a term of not more than 5 years. If a term of probation is ordered, the court may, in addition to any other lawful condition of probation, order the defendant to do any of the
following:
(a) Refrain from stalking any individual during the term of probation.
(b) Refrain from having any contact with the victim of the offense.
(c) Be evaluated to determine the need for psychiatric, psychological, or social counseling and if, determined appropriate by the court, to receive psychiatric, psychological, or social counseling at the individual's own expense.
(4) In a prosecution for a violation of this section, evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact with the victim after having been requested by the victim to discontinue the same or a different form of unconsented contact, and to refrain from any further unconsented contact with the victim, gives rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(5) A criminal penalty provided for under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.

Compiled Laws, Chapter 750. Michigan Penal Code §
750.411i Sec. 411i. (1) As used in this section:
(a) “Course of conduct” means a pattern of conduct composed of a series of 2 or more separate noncontinuous acts evidencing a continuity of purpose.
(b) “Credible threat” means a threat to kill another individual or a threat to inflict physical injury upon another individual that is made in any manner or in any context that causes the individual hearing or receiving the threat to reasonably fear for his or her safety or
the safety of another individual.
(c) “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.
(d) “Harassment” means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.
(e) “Stalking” means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or
molested.
(f) “Unconsented contact” means any contact with another individual that is initiated or continued without that individual's consent or in disregard of that individual's expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but
is not limited to, any of the following:
(i) Following or appearing within the sight of that individual.
(ii) Approaching or confronting that individual in a public place or on private property.
(iii) Appearing at that individual's workplace or residence.
(iv) Entering onto or remaining on property owned, leased, or occupied by that individual.
(v) Contacting that individual by telephone.
(vi) Sending mail or electronic communications to that individual.
(vii) Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.
(g) “Victim” means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.
(2) An individual who engages in stalking is guilty of aggravated stalking if the violation involves any of the following circumstances:
(a) At least 1 of the actions constituting the offense is in violation of a restraining order and the individual has received actual notice of that restraining order or at least 1 of the actions is in violation of an injunction or preliminary injunction.
(b) At least 1 of the actions constituting the offense is in violation of a condition of probation, a condition of parole, a condition of pretrial release, or a condition of release on bond pending appeal.

(c) The course of conduct includes the making of 1 or more credible threats against the victim, a member of the victim's family, or another individual living in the same household as the victim.
(d) The individual has been previously convicted of a violation of this section or section 411h. 1
(3) Aggravated stalking is a felony punishable as follows:
(a) Except as provided in subdivision (b), by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.
(b) If the victim was less than 18 years of age at any time during the individual's course of conduct and the individual is 5 or more years older than the victim, by imprisonment for not more than 10 years or a fine of not more than $15,000.00, or both.
(4) The court may place an individual convicted of violating this section on probation for any term of years, but not less than 5 years. If a term of probation is ordered, the court may, in addition to any other lawful condition of probation, order the defendant to do any
of the following:
(a) Refrain from stalking any individual during the term of probation.
(b) Refrain from any contact with the victim of the offense.
(c) Be evaluated to determine the need for psychiatric, psychological, or social counseling and, if determined appropriate by the court, to receive psychiatric, psychological, or social counseling at his or her own expense.
(5) In a prosecution for a violation of this section, evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact with the victim after having been requested by the victim to discontinue the same or a different form of unconsented contact, and to refrain from any further unconsented contact with the victim, gives rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(6) A criminal penalty provided for under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for contempt of court arising from the same conduct.

Compiled Laws, Chapter 750. Michigan Penal Code

§ 750.411x
Sec. 411x. (1) A person shall not cyberbully another person.
(2) A person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(3) A person who violates subsection (1), and who has a prior conviction for a violation of subsection (1), is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(4) A person who violates subsection (1) in a manner that involves a continued pattern of harassing or intimidating behavior and by that violation causes serious injury to the victim is guilty of a felony punishable by imprisonment for not more than 5 years or a
fine of not more than $5,000.00, or both. As used in this subsection, “serious injury” means permanent, serious disfigurement, serious impairment of health, or serious impairment of a bodily function of a person.
(5) A person who violates subsection (1) in a manner that involves a continued pattern of harassing or intimidating behavior and by that violation causes the death of the victim is guilty of a felony punishable by imprisonment for not more than 10 years or a
fine of not more than $10,000.00, or both.
(6) As used in this section:
(a) “Cyberbully” includes posting a message or statement in a public media forum about any other person if both of the following apply:
(i) The message or statement is intended to place a person in fear of bodily harm or death and expresses an intent to commit violence against the person.
(ii) The message or statement is posted with the intent to communicate a threat or with knowledge that it will be viewed as a threat.
(b) “Pattern of harassing or intimidating behavior” means a series of 2 or more separate noncontinuous acts of harassing or intimidating behavior.
(c) “Public media forum” means the internet or any other medium designed or intended to be used to convey information to other individuals, regardless of whether a membership or password is required to view the information.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Minnesota Statutes Civil Actions (Ch. 604-605) § 604.31.

Cause of action for nonconsensual dissemination of private sexual images; sexual solicitation Subdivision 1.Nonconsensual dissemination of private sexual images. (a) A cause of
action against a person for the nonconsensual dissemination of private sexual images exists when:
(1) a person disseminated an image without the consent of the person depicted in the image;
(2) the image is of an individual depicted in a sexual act or whose intimate parts are exposed in whole or in part;
(3) the person is identifiable:
(i) from the image itself, by the person depicted in the image or by another person; or
(ii) from the personal information displayed in connection with the image; and
(4) the image was obtained or created under circumstances in which the person depicted had a reasonable expectation of privacy.
(b) The fact that the individual depicted in the image consented to the creation of the image or to the voluntary private transmission of the image is not a defense to liability for a person who has disseminated the image without consent.
Subd. 2.Nonconsensual sexual solicitation. A person who uses the personal information of another to invite, encourage, or solicit sexual acts without the individual's consent and knows or has reason to know it will cause the person whose personal information is used to feel harassed, frightened, threatened, oppressed, persecuted, or intimidated, is liable for damages to the individual whose personal information was published or disseminated publicly.
Subd. 3.Damages. The court may award the following damages to a prevailing plaintiff from a person found liable under subdivision 1 or 2:
(1) general and special damages, including all finance losses due to the dissemination of the image and damages for mental anguish;
(2) an amount equal to any profit made from the dissemination of the image by the person who intentionally disclosed the image;
(3) a civil penalty awarded to the plaintiff of an amount up to $10,000; and
(4) court costs, fees, and reasonable attorney fees.
Subd. 4.Injunction; temporary relief. (a) A court may issue a temporary or permanent injunction or restraining order to prevent further harm to the plaintiff.
(b) The court may issue a civil fine for the violation of a court order in an amount up to $1,000 per day for failure to comply with an order granted under this section.
Subd. 5.Confidentiality. The court shall allow confidential filings to protect the privacy of the plaintiff in cases filed under this section.
Subd. 6.Liability; exceptions. (a) No person shall be found liable under this section when:
(1) the dissemination is made for the purpose of a criminal investigation or prosecution that is otherwise lawful;
(2) the dissemination is for the purpose of, or in connection with, the reporting of unlawful conduct;

(3) the dissemination is made in the course of seeking or receiving medical or mental health treatment, and the image is protected from further dissemination;
(4) the image involves exposure in public or was obtained in a commercial setting for the purpose of the legal sale of goods or services, including the creation of artistic products for sale or display;
(5) the image relates to a matter of public interest and dissemination serves a lawful public purpose;
(6) the dissemination is for legitimate scientific research or educational purposes; or
(7) the dissemination is made for legal proceedings and is consistent with common practice in civil proceedings necessary for the proper functioning of the criminal justice system, or protected by court order which prohibits any further dissemination.
(b) This section does not alter or amend the liabilities and protections granted by United States Code, title 47, section 230, and shall be construed in a manner consistent with
federal law.
(c) A cause of action arising under this section does not prevent the use of any other cause of action or remedy available under the law.
Subd. 7.Jurisdiction. A court has jurisdiction over a cause of action filed pursuant to this section if the plaintiff or defendant resides in this state. Subd. 8.Venue. A cause of action arising under this section may be filed in either:
(1) the county of residence of the defendant or plaintiff or in the jurisdiction of the plaintiff's designated address if the plaintiff participates in the address confidentiality program established by chapter 5B; or

(2) the county where any image is produced, reproduced, or stored in violation of this section.
Subd. 9.Discovery of dissemination. In a civil action brought under subdivision 1, the statute of limitations is tolled until the plaintiff discovers the image has been disseminated.

Minnesota Statutes Crimes; Expungement; Victims (Ch.
609-624) § 609.749. Harassment; stalking; penalties

Subd. 1. Repealed byLaws 2020, c. 96, § 6, eff. Aug. 1, 2020.
Subd. 1a. Repealed byLaws 2020, c. 96, § 6, eff. Aug. 1, 2020.
Subd. 1b.Venue. (a) When acts constituting a violation of this section are committed in two or more counties, the accused may be prosecuted in any county in which one of the acts was committed for all acts in violation of this section.
(b) The conduct described in subdivision 2, clauses (4) and (5), may be prosecuted at the place where any call is made or received or, in the case of wireless or electronic communication or any communication made through any available technologies, where
the actor or victim resides or in the jurisdiction of the victim's designated address if the victim participates in the address confidentiality program established by chapter 5B.
The conduct described in subdivision 2, clause (2), may be prosecuted where the actor or victim resides. The conduct described in subdivision 2, clause (6), may be prosecuted where any letter, telegram, message, package, or other object is sent or received or, in
the case of wireless or electronic communication or communication made through other available technologies, where the actor or victim resides or in the jurisdiction of the victim's designated address if the victim participates in the address confidentiality program established by chapter 5B.

Subd. 1c.Arrest. For all violations under this section, except a violation of subdivision 2, clause (7), a peace officer may make an arrest under the provisions ofsection 629.34. A peace officer may not make a warrantless, custodial arrest of any person for a violation
of subdivision 2, clause (7).
Subd. 2. Harassment crimes. (a) As used in this subdivision, the following terms have the meanings given:
(1) “family or household members” has the meaning given insection 518B.01, subdivision 2, paragraph (b);
(2) “personal information” has the meaning given insection 617.261, subdivision 7, paragraph (f);
(3) “sexual act” has the meaning given insection 617.261, subdivision 7, paragraph (g); and
(4) “substantial emotional distress” means mental distress, mental suffering, or mental anguish as demonstrated by a victim's response to an act including but not limited to seeking psychotherapy as defined insection 604.20, losing sleep or appetite, being
diagnosed with a mental-health condition, experiencing suicidal ideation, or having difficulty concentrating on tasks resulting in a loss of productivity.
(b) A person who commits any of the acts listed in paragraph (c) is guilty of a gross misdemeanor if the person, with the intent to kill, injure, harass, or intimidate another person:
(1) places the other person in reasonable fear of substantial bodily harm;
(2) places the person in reasonable fear that the person's family or household members will be subject to substantial bodily harm; or

(3) causes or would reasonably be expected to cause substantial emotional distress to the other person.
(c) A person commits harassment under this section if the person:
(1) directly or indirectly, or through third parties, manifests a purpose or intent to injure the person, property, or rights of another by the commission of an unlawful act;
(2) follows, monitors, or pursues another, whether in person or through any available technological or other means;
(3) returns to the property of another if the actor is without claim of right to the property or consent of one with authority to consent;
(4) repeatedly makes telephone calls, sends text messages, or induces a victim to make telephone calls to the actor, whether or not conversation ensues;
(5) makes or causes the telephone of another repeatedly or continuously to ring;
(6) repeatedly mails or delivers or causes the delivery by any means, including electronically, of letters, telegrams, messages, packages, through assistive devices for people with vision impairments or hearing loss, or any communication made through any available technologies or other objects;
(7) knowingly makes false allegations against a peace officer concerning the officer's performance of official duties with intent to influence or tamper with the officer's performance of official duties; or
(8) uses another's personal information, without consent, to invite, encourage, or solicit a third party to engage in a sexual act with the person.

Subd. 3. Aggravated violations. (a) A person who commits any of the following acts is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:
(1) commits any offense described in subdivision 2 in whole or in substantial part because of the victim's or another's actual or perceived race, color, ethnicity, religion,
sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined insection 363A.03, or because of the victim's actual or perceived association with another person or group of a certain actual or perceived race, color,
ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined insection 363A.03;
(2) commits any offense described in subdivision 2 by falsely impersonating another;
(3) commits any offense described in subdivision 2 and a dangerous weapon was used in any way in the commission of the offense;
(4) commits any offense described in subdivision 2 with intent to influence or otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial officer, as defined insection 609.415, or a prosecutor, defense attorney, or officer of the
court, because of that person's performance of official duties in connection with a judicial proceeding; or
(5) commits any offense described in subdivision 2 against a victim under the age of 18, if the actor is more than 36 months older than the victim.
(b) A person who commits any offense described in subdivision 2 against a victim under the age of 18, if the actor is more than 36 months older than the victim, and the act is committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both. Subd. 4. Second or subsequent violations; felony. (a) A person is guilty of a felony who
violates any provision of subdivision 2 within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency, and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
(b) A person is guilty of a felony who violates any provision of subdivision 2 within ten years of the first of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency, and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both. Subd. 5. Stalking. (a) A person who engages in stalking with respect to a single victim or one or more members of a single household which the actor knows or has reason to know would cause the victim under the circumstances to feel terrorized or to fear bodily harm and which does cause this reaction on the part of the victim, is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
(b) For purposes of this subdivision, “stalking” means two or more acts within a five-year period that violate or attempt to violate the provisions of any of the following or a similar law of another state, the United States, the District of Columbia, tribe, or United States territories:
(1) this section;
(2) sections 609.185to609.205(first- to third-degree murder and first- and second-degree manslaughter);

(3) section 609.713(terroristic threats);
(4) section 609.224(fifth-degree assault);
(5) section 609.2242(domestic assault);
(6) section 518B.01, subdivision 14(violations of domestic abuse orders for protection);
(7) section 609.748, subdivision 6(violations of harassment restraining orders);
(8) section 609.605, subdivision 1, paragraph (b), clauses (3), (4), and (7) (certain trespass offenses);
(9) section 609.78, subdivision 2(interference with an emergency call);
(10) section 609.79(obscene or harassing telephone calls);
(11) section 609.795(letter, telegram, or package; opening; harassment);
(12) section 609.582(burglary);
(13) section 609.595(damage to property);
(14) section 609.765(criminal defamation);
(15) sections 609.342to609.3451(first- to fifth-degree criminal sexual conduct);
(16) section 609.3458(sexual extortion); or
(17) section 629.75, subdivision 2(violations of domestic abuse no contact orders).
(c) Words set forth in parentheses after references to statutory sections in paragraph
(b) are mere catchwords included solely for convenience in reference. They are not substantive and may not be used to construe or limit the meaning of the cited statutory provision.

Subd. 6. Mental health assessment and treatment. (a) When a person is convicted of a felony offense under this section, or another felony offense arising out of a charge based on this section, the court shall order an independent professional mental health assessment of the offender's need for mental health treatment. The court may waive
the assessment if an adequate assessment was conducted prior to the conviction.
(b) Notwithstandingsections 13.384,13.85,144.291to144.298,260B.171, or260C.171, the
assessor has access to the following private or confidential data on the person if access is relevant and necessary for the assessment:
(1) medical data undersection 13.384;
(2) welfare data undersection 13.46;
(3) corrections and detention data undersection 13.85;
(4) health records undersections 144.291to144.298; and
(5) juvenile court records undersections 260B.171and260C.171.
Data disclosed under this section may be used only for purposes of the assessment and may not be further disclosed to any other person, except as authorized by law.
(c) If the assessment indicates that the offender is in need of and amenable to mental health treatment, the court shall include in the sentence a requirement that the offender undergo treatment.
(d) The court shall order the offender to pay the costs of assessment under this subdivision unless the offender is indigent undersection 563.01. Subd. 7. Exception. Conduct is not a crime under this section if it is performed under terms of a valid license, to ensure compliance with a court order, or to carry out a specific lawful commercial purpose or employment duty, is authorized or required by a valid contract, or is authorized, required, or protected by state, federal, or tribal law or the state, federal, or tribal constitutions. Subdivision 2, clause (2), does not impair the right of any individual or group to engage in speech protected by the federal, state, or tribal constitutions, or federal, state, or tribal law, including peaceful and lawful handbilling and picketing.
Subd. 8. Harassment; stalking; firearms. (a) When a person is convicted of harassment or stalking under this section and the court determines that the person used a firearm in any way during commission of the crime, the court may order that the person is
prohibited from possessing any type of firearm for any period longer than three years or for the remainder of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the court shall inform the defendant
for how long the defendant is prohibited from possessing a firearm and that it is a gross misdemeanor to violate this paragraph. The failure of the court to provide this information to a defendant does not affect the applicability of the firearm possession prohibition or the gross misdemeanor penalty to that defendant.
(b) Except as otherwise provided in paragraph (a), when a person is convicted of harassment or stalking under this section, the court shall inform the defendant that the defendant is prohibited from possessing a firearm for three years from the date of
conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure of the court to provide this information to a defendant does not affect the applicability of the firearm possession prohibition or the gross misdemeanor penalty to that defendant.
(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess a pistol if the person has been convicted after August 1, 1996, of harassment or stalking under this section, or to possess a firearm if the person has been convicted on or after August 1, 2014, of harassment or stalking under this section, unless three years have elapsed from the date of conviction and, during that time, the person has not been convicted of any other violation of this section. Property rights may not be abated but access may be restricted by the courts. A person who possesses a firearm in violation of this paragraph is guilty of a gross misdemeanor.
(d) If the court determines that a person convicted of harassment or stalking under this section owns or possesses a firearm and used it in any way during the commission of the crime, it shall order that the firearm be summarily forfeited undersection 609.5316,
subdivision 3.
(e) Except as otherwise provided in paragraphs (d) and (g), when a person is convicted of harassment or stalking under this section, the court shall order the defendant to transfer any firearms that the person possesses, within three business days, to a federally licensed firearms dealer, a law enforcement agency, or a third party who may
lawfully receive them. The transfer may be permanent or temporary. A temporary firearm transfer only entitles the receiving party to possess the firearm. A temporary transfer does not transfer ownership or title. A defendant may not transfer firearms to a
third party who resides with the defendant. If a defendant makes a temporary transfer, a federally licensed firearms dealer or law enforcement agency may charge the defendant a reasonable fee to store the person's firearms and may establish policies for disposal
of abandoned firearms, provided such policies require that the person be notified via certified mail prior to disposal of abandoned firearms. For temporary firearms transfers under this paragraph, a law enforcement agency, federally licensed firearms dealer, or
third party shall exercise due care to preserve the quality and function of the transferred firearms and shall return the transferred firearms to the person upon request after the expiration of the prohibiting time period imposed under this subdivision, provided the
person is not otherwise prohibited from possessing firearms under state or federal law. The return of temporarily transferred firearms to a defendant shall comply with state

and federal law. If a defendant permanently transfers the defendant's firearms to a law enforcement agency, the agency is not required to compensate the defendant and may charge the defendant a reasonable processing fee. A law enforcement agency is not
required to accept a person's firearm under this paragraph. The court shall order that the person surrender all permits to carry and purchase firearms to the sheriff.
(f) A defendant who is ordered to transfer firearms under paragraph (e) must file proof of transfer as provided for in this paragraph. If the transfer is made to a third party, the third party must sign an affidavit under oath before a notary public either acknowledging
that the defendant permanently transferred the defendant's firearms to the third party or agreeing to temporarily store the defendant's firearms until such time as the defendant is legally permitted to possess firearms. The affidavit shall indicate the serial number,
make, and model of all firearms transferred by the defendant to the third party. The third party shall acknowledge in the affidavit that the third party may be held criminally and civilly responsible undersection 624.7144if the defendant gains access to a transferred
firearm while the firearm is in the custody of the third party. If the transfer is to a law enforcement agency or federally licensed firearms dealer, the law enforcement agency or federally licensed firearms dealer shall provide proof of transfer to the defendant. The
proof of transfer must specify whether the firearms were permanently or temporarily transferred and include the name of the defendant, date of transfer, and the serial number, make, and model of all transferred firearms. The defendant shall provide the court with a signed and notarized affidavit or proof of transfer as described in this
section within two business days of the firearms transfer. The court shall seal affidavits and proofs of transfer filed pursuant to this paragraph.
(g) When a person is convicted of harassment or stalking under this section, the court shall determine by a preponderance of the evidence if the person poses an imminent risk of causing another person substantial bodily harm. Upon a finding of imminent risk, the court shall order that the local law enforcement agency take immediate possession of all firearms in the person's possession. The local law enforcement agency shall exercise due care to preserve the quality and function of the defendant's firearms and shall return the firearms to the person upon request after the expiration of the prohibiting time period, provided the person is not otherwise prohibited from
possessing firearms under state or federal law. The local law enforcement agency shall, upon written notice from the person, transfer the firearms to a federally licensed firearms dealer or a third party who may lawfully receive them. Before a local law enforcement agency transfers a firearm under this paragraph, the agency shall require the third party or federally licensed firearms dealer receiving the firearm to submit an affidavit or proof of transfer that complies with the requirements for affidavits or proofs of transfer established in paragraph (f). The agency shall file all affidavits or proofs of transfer received with the court within two business days of the transfer. The court shall seal all affidavits or proofs of transfer filed pursuant to this paragraph. A federally licensed firearms dealer or third party who accepts a firearm transfer pursuant to this
paragraph shall comply with paragraphs (e) and (f) as if accepting transfer from the defendant. If the law enforcement agency does not receive written notice from the defendant within three business days, the agency may charge a reasonable fee to store the defendant's firearms. A law enforcement agency may establish policies for disposal of abandoned firearms, provided such policies require that the person be notified via certified mail prior to disposal of abandoned firearms.

Minnesota Statutes Crimes; Expungement; Victims (Ch.
609-624) § 617.261.

Nonconsensual dissemination of private sexual images
Subdivision 1.Crime. It is a crime to intentionally disseminate an image of another person who is depicted in a sexual act or whose intimate parts are exposed, in whole or in part, when:

(1) the person is identifiable:
(i) from the image itself, by the person depicted in the image or by another person; or
(ii) from personal information displayed in connection with the image;
(2) the actor knows or reasonably should know that the person depicted in the image does not consent to the dissemination; and
(3) the image was obtained or created under circumstances in which the actor knew or reasonably should have known the person depicted had a reasonable expectation of privacy.
Subd. 2.Penalties. (a) Except as provided in paragraph (b), whoever violates subdivision 1 is guilty of a gross misdemeanor.
(b) Whoever violates subdivision 1 may be sentenced to imprisonment for not more than three years or to payment of a fine of $5,000, or both, if one of the following factors
is present:
(1) the person depicted in the image suffers financial loss due to the dissemination of the image;
(2) the actor disseminates the image with intent to profit from the dissemination;
(3) the actor maintains an Internet website, online service, online application, or mobile application for the purpose of disseminating the image;
(4) the actor posts the image on a website;
(5) the actor disseminates the image with intent to harass the person depicted in the image;

(6) the actor obtained the image by committing a violation ofsection
609.52,609.746,609.89, or609.891; or
(7) the actor has previously been convicted under this chapter.
Subd. 3.No defense. It is not a defense to a prosecution under this section that theperson consented to the capture or possession of the image. Subd. 4.Venue. Notwithstanding anything to the contrary insection 627.01, an offense committed under this section may be prosecuted in:
(1) the county where the offense occurred;
(2) the county of residence of the actor or victim or in the jurisdiction of the victim's designated address if the victim participates in the address confidentiality program established by chapter 5B; or
(3) only if venue cannot be located in the counties specified under clause (1) or (2), the county where any image is produced, reproduced, found, stored, received, or possessed
in violation of this section. Subd. 5.Exemptions. Subdivision 1 does not apply when:
(1) the dissemination is made for the purpose of a criminal investigation or prosecution that is otherwise lawful;
(2) the dissemination is for the purpose of, or in connection with, the reporting of unlawful conduct;
(3) the dissemination is made in the course of seeking or receiving medical or mental health treatment and the image is protected from further dissemination;

(4) the image involves exposure in public or was obtained in a commercial setting for the purpose of the legal sale of goods or services, including the creation of artistic
products for sale or display;
(5) the image relates to a matter of public interest and dissemination serves a lawful public purpose;
(6) the dissemination is for legitimate scientific research or educational purposes; or
(7) the dissemination is made for legal proceedings and is consistent with common practice in civil proceedings necessary for the proper functioning of the criminal justice system, or protected by court order which prohibits any further dissemination.
Subd. 6.Immunity. Nothing in this section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person:
(1) an interactive computer service as defined inUnited States Code, title 47, section 230, paragraph (f), clause (2);
(2) a provider of public mobile services or private radio services; or
(3) a telecommunications network or broadband provider.
Subd. 7.Definitions. (a) For purposes of this section, the following terms have the meanings given.
(b) “Dissemination” means distribution to one or more persons, other than the person depicted in the image, or publication by any publicly available medium.
(c) “Harass” means an act that would cause a substantial adverse effect on the safety, security, or privacy of a reasonable person.

(d) “Image” means a photograph, film, video recording, or digital photograph or recording.
(e) “Intimate parts” means the genitals, pubic area, or anus of an individual, or if the individual is female, a partially or fully exposed nipple.
(f) “Personal information” means any identifier that permits communication or in-person contact with a person, including:
(1) a person's first and last name, first initial and last name, first name and last initial, or nickname;
(2) a person's home, school, or work address;
(3) a person's telephone number, email address, or social media account information; or
(4) a person's geolocation data.
(g) “Sexual act” means either sexual contact or sexual penetration.
(h) “Sexual contact” means the intentional touching of intimate parts or intentional touching with seminal fluid or sperm onto another person's body.
(i) “Sexual penetration” means any of the following acts:
(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
(2) any intrusion, however slight, into the genital or anal openings of an individual by another's body part or an object used by another for this purpose.
(j) “Social media” means any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view
user-generated content. Subd. 8.Other crimes. Nothing in this section shall limit the power of the state to prosecute or punish a person for conduct that constitutes any other crime under any
other law of this state.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Stalking: Mississippi Code Title 97. Crimes § 97-3-107

(1)(a) Any person who purposefully engages in a course of conduct directed at a specific person, or who makes a credible threat, and who knows or should know that the conduct would cause a reasonable person to fear for his or her own safety, to fear for
the safety of another person, or to fear damage or destruction of his or her property, is guilty of the crime of stalking.
(b) A person who is convicted of the crime of stalking under this section shall be punished by imprisonment in the county jail for not more than one (1) year or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
(c) Any person who is convicted of a violation of this section when there is in effect at the time of the commission of the offense a valid temporary restraining order, ex parte protective order, protective order after hearing, court approved consent agreement, or an injunction issued by a municipal, justice, county, circuit or chancery court, federal or tribal court or by a foreign court of competent jurisdiction prohibiting the behavior described in this section against the same party, shall be punished by imprisonment in
the county jail for not more than one (1) year and by a fine of not more than One Thousand Five Hundred Dollars ($1,500.00).
(2)(a) A person who commits acts that would constitute the crime of stalking as defined in this section is guilty of the crime of aggravated stalking if any of the following circumstances exist:
(i) At least one (1) of the actions constituting the offense involved the use or display of a deadly weapon with the intent to place the victim of the stalking in reasonable fear of death or great bodily injury to self or a third person;

(ii) Within the past seven (7) years, the perpetrator has been previously convicted of stalking or aggravated stalking under this section or a substantially similar law ofanother state, political subdivision of another state, of the United States, or of a federally recognized Indian tribe, whether against the same or another victim; or
(iii) At the time of the offense, the perpetrator was a person required to register as a sex offender pursuant to state, federal, military or tribal law and the victim was under the age of eighteen (18) years.
(b) Aggravated stalking is a felony punishable as follows:
(i) Except as provided in subparagraph (ii), by imprisonment in the custody of the Department of Corrections for not more than five (5) years and a fine of not more than Three Thousand Dollars ($3,000.00).
(ii) If, at the time of the offense, the perpetrator was required to register as a sex offender pursuant to state, federal, military or tribal law, and the victim was under the age of eighteen (18) years, by imprisonment for not more than six (6) years in the custody of the Department of Corrections and a fine of Four Thousand Dollars
($4,000.00).
(3) Upon conviction, the sentencing court shall consider issuance of an order prohibiting the perpetrator from any contact with the victim. The duration of any order prohibiting contact with the victim shall be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim or another person.
(4) Every conviction of stalking or aggravated stalking may require as a condition of any suspended sentence or sentence of probation that the defendant, at his own expense, submit to psychiatric or psychological counseling or other such treatment or behavioral
modification program deemed appropriate by the court.

(5) In any prosecution under this section, it shall not be a defense that the perpetrator was not given actual notice that the course of conduct was unwanted or that the perpetrator did not intend to cause the victim fear.
(6) When investigating allegations of a violation of this section, law enforcement officers shall utilize the Uniform Offense Report prescribed by the Office of the Attorney General in consultation with the sheriffs' and police chiefs' associations. However, failure of law enforcement to utilize the Uniform Offense Report shall in no way
invalidate the crime charged under this section.
(7) For purposes of venue, any violation of this section shall be considered to have been committed in any county in which any single act was performed in furtherance of a violation of this section. An electronic communication shall be deemed to have been committed in any county from which the electronic communication is generated or in which it is received.
(8) For the purposes of this section:
(a) “Course of conduct” means a pattern of conduct composed of a series of two (2) or more acts over a period of time, however short, evidencing a continuity of purpose and that would cause a reasonable person to fear for his or her own safety, to fear for the safety of another person, or to fear damage or destruction of his or her property. Such acts may include, but are not limited to, the following or any combination thereof, whether done directly or indirectly: (i) following or confronting the other person in a public place or on private property against the other person's will; (ii) contacting the
other person by telephone or mail, or by electronic mail or communication as defined in Section 97-45-1; or (iii) threatening or causing harm to the other person or a third party.

(b) “Credible threat” means a verbal or written threat to cause harm to a specific person or to cause damage to property that would cause a reasonable person to fear for the safety of that person or damage to the property.
(c) “Reasonable person” means a reasonable person in the victim's circumstances.
(9) The incarceration of a person at the time the threat is made shall not be a bar to prosecution under this section. Constitutionally protected activity is not prohibited by this section.

Primary Revenge Porn: Mississippi Code Title 97. Crimes
§ 97-29-64.1

(1) A person commits an offense if:
(a) Without the effective consent of the depicted person and with the intent to harm the depicted person, the offender discloses visual material depicting another person with the depicted person's intimate parts exposed or engaged in sexual conduct;
(b) At the time of the disclosure, the offender knows or has reason to believe that the visual material was obtained by the offender or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain
private;
(c) The disclosure of the visual material causes harm to the depicted person; and
(d) The disclosure of the visual material reveals the identity of the depicted person in any manner, including through:
(i) Any accompanying or subsequent information or material related to the visual material; or

(ii) Information or material provided by a third party in response to the disclosure of the visual material.
(2) A person commits an offense if the offender intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the depicted person's intimate parts exposed or engaged in sexual conduct and the
offender makes the threat to obtain a benefit:
(a) In return for not making the disclosure; or
(b) In connection with the threatened disclosure.
(3) A person commits an offense if, knowing the character and content of the visual material, the offender promotes visual material described by subsection (1) of this section on an internet website or other forum for publication that is owned or operated by the offender.
(4) It is not a defense to prosecution under this section that the depicted person:
(a) Created or consented to the creation of the visual material; or
(b) Voluntarily transmitted the visual material to the actor.
(5) It is an affirmative defense to prosecution under subsection (1) or (3) of this section
that:
(a) The disclosure or promotion is made in the course of:
(i) Lawful and common practices of law enforcement or medical treatment;
(ii) Reporting unlawful activity; or
(iii) A legal proceeding, if the disclosure or promotion is permitted or required by law; or

(b) The disclosure or promotion consists of visual material depicting in a public or commercial setting only a person's voluntary exposure of:
(i) The person's intimate parts; or
(ii) The person engaging in sexual conduct.
(6) Where content is provided by another person or entity, nothing in this section shall be construed to impose criminal liability on the following:
(a) An internet service provider;
(b) an interactive computer service, as defined in 47 USC Section 230;
(c) A provider of an electronic communications service, as defined in 18 USC Section 2510;
(d) A telecommunications service, information service or mobile service, as defined in
47 USC Section 153, including a commercial mobile service, as defined in 47 USC Section 332(d); or
(e) A cable operator, as defined in 47 USC Section 522.
(7)(a) A first offense under this section is a misdemeanor and, upon conviction, shall be punished by imprisonment in the county jail not exceeding six (6) months or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.
(b) A second or subsequent violation of this section is a felony and, upon conviction, shall be punished by imprisonment not exceeding one (1) year or by a fine not exceeding Two Thousand Dollars ($2,000.00), or both.
(c) Notwithstanding paragraphs (a) and (b) of this subsection, any offense under this section committed for financial profit shall constitute a felony and, upon conviction, shall be punished by imprisonment not exceeding one (1) year or by fine not exceeding
Two Thousand Dollars ($2,000.00), or both.
(8) A person shall be subject to prosecution in this state for any conduct made unlawful by this section which the person engages in while:
(a) Either within or outside of this state if, by such conduct, the person commits a violation of this section which involves an individual who resides in this state; or
(b) Within this state if, by such conduct, the person commits a violation of this section which involves an individual who resides within or outside this state.
(9) The provisions of this section are supplementary to the provisions of any other statute of this state. If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.

Cyberstalking: Mississippi Code Title 97. Crimes §
97-45-15

(1) It is unlawful for a person to:
(a) Use in electronic mail or electronic communication any words or language threatening to inflict bodily harm to any person or to that person's child, sibling, spouse or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person.
(b) Electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of threatening, terrifying or harassing any person.

(c) Electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person's
family or household with the intent to threaten, terrify or harass.
(d) Knowingly permit an electronic communication device under the person's control to be used for any purpose prohibited by this section.
(2) Whoever commits the offense of cyberstalking shall be punished, upon conviction:
(a) Except as provided herein, the person is guilty of a felony punishable by imprisonment for not more than two (2) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both.
(b) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than five (5) years or a fine of not more than Ten Thousand Dollars ($10,000.00), or both:
(i) The offense is in violation of a restraining order and the person has received actual notice of that restraining order or posting the message is in violation of an injunction orpreliminary injunction.
(ii) The offense is in violation of a condition of probation, a condition of parole, acondition of pretrial release or a condition of release on bond pending appeal.
(iii) The offense results in a credible threat being communicated to the victim, a member of the victim's family, or another individual living in the same household as the victim.

(iv) The person has been previously convicted of violating this section or a substantially similar law of another state, a political subdivision of another state, or of the United States.
(3) This section does not apply to any peaceable, nonviolent, or nonthreatening activity intended to express political views or to provide lawful information to others. This section shall not be construed to impair any constitutionally protected activity, including
speech, protest or assembly.

Online Impersonation: Mississippi Code Title 97. Crimes
§ 97-45-33

(1) Nothwithstanding 1 any other provision of law, any person who knowingly and without consent impersonates another actual person through or on an Internet website or by other electronic means for purposes of harming, intimidating, threatening or defrauding another person is guilty of a misdemeanor.
(2) For purposes of this section, an impersonation is credible if another person would reasonably believe, or did reasonably believe, that the defendant was or is the person who was impersonated.
(3) For purposes of this section, “electronic means” shall include opening an email account or an account or profile on a social networking Internet website in another person's name.
(4) A violation of this section is punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) and not exceeding One Thousand Dollars ($1,000.00) or by imprisonment for not less than ten (10) days and not more than one (1) year, or both.

(5) This section shall not preclude prosecution under any other provision of law and
shall be considered supplemental thereto.

 

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

Missouri Revised Statutes Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders §565.090. Harassment, first degree, penalty

1. A person commits the offense of harassment in the first degree if he or she, without good cause, engages in any act with the purpose to cause emotional distress to another person, and such act does cause such person to suffer emotional distress.
2. The offense of harassment in the first degree is a class E felony.
3. This section shall not apply to activities of federal, state, county, or municipal law enforcement officers conducting investigations of violation of federal, state, county, or municipal law.
Missouri Revised Statutes Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders § 565.091. Harassment, second degree, penalty
1. A person commits the offense of harassment in the second degree if he or she, without good cause, engages in any act with the purpose to cause emotional distress to another person.
2. The offense of harassment in the second degree is a class A misdemeanor, unless the person has previously pleaded guilty to or been found guilty of a violation of this section, of any offense committed in violation of any county or municipal ordinance in
any state, any state law, any federal law, or any military law which if committed in this state would be chargeable or indictable as a violation of any offense listed in this subsection, in which case it is a class E felony.

3. This section shall not apply to activities of federal, state, county, or municipal law enforcement officers conducting investigations of violations of federal, state, county, or municipal law. Missouri Revised Statutes Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders § 565.225. Stalking, first degree, penalty
1. As used in this section and section 565.227, the term “disturbs” shall mean to engage in a course of conduct directed at a specific person that serves no legitimate purpose and that would cause a reasonable person under the circumstances to be frightened, intimidated, or emotionally distressed.
2. A person commits the offense of stalking in the first degree if he or she purposely, through his or her course of conduct, disturbs or follows with the intent of disturbing another person and:
(1) Makes a threat communicated with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety, the safety of his or her family or household member, or the safety of domestic animals or livestock as defined in section 276.606 kept at such person's residence or on such person's property. The threat shall
be against the life of, or a threat to cause physical injury to, or the kidnapping of the person, the person's family or household members, or the person's domestic animals or livestock as defined in section 276.606 kept at such person's residence or on such person's property; or
(2) At least one of the acts constituting the course of conduct is in violation of an order of protection and the person has received actual notice of such order; or

(3) At least one of the actions constituting the course of conduct is in violation of a condition of probation, parole, pretrial release, or release on bond pending appeal; or
(4) At any time during the course of conduct, the other person is seventeen years of age or younger and the person disturbing the other person is twenty-one years of age or
older; or
(5) He or she has previously been found guilty of domestic assault, violation of an order of protection, or any other crime where the other person was the victim; or
(6) At any time during the course of conduct, the other person is a participant of the address confidentiality program under sections 589.660 to 589.681, and the person disturbing the other person knowingly accesses or attempts to access the address of the other person.
3. Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section.
4. This section shall not apply to activities of federal, state, county, or municipal law enforcement officers conducting investigations of any violation of federal, state, county, or municipal law.
5. The offense of stalking in the first degree is a class E felony, unless the defendant has previously been found guilty of a violation of this section or section 565.227, or any offense committed in another jurisdiction which, if committed in this state, would be chargeable or indictable as a violation of any offense listed in this section or section
565.227, or unless the victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the second degree of consanguinity or affinity to a law enforcement officer, in which case stalking in the first degree is a class D felony.

Missouri Revised Statutes Title XXXVIII. Crimes and
Punishment; Peace Officers and Public Defenders §
565.227. Stalking, second degree, penalty
Current as of January 01, 2023 | Updated by Findlaw Staff

1. A person commits the offense of stalking in the second degree if he or she purposely, through his or her course of conduct, disturbs, or follows with the intent to disturb another person.
2. This section shall not apply to activities of federal, state, county, or municipal law enforcement officers conducting investigations of any violation of federal, state, county, or municipal law.
3. Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section.
4. The offense of stalking in the second degree is a class A misdemeanor, unless the defendant has previously been found guilty of a violation of this section or section 565.225, or of any offense committed in another jurisdiction which, if committed in this
state, would be chargeable or indictable as a violation of any offense listed in this section or section 565.225, or unless the victim is intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the second degree of consanguinity or affinity to a law
enforcement officer, in which case stalking in the second degree is a class E felony.

Missouri Revised Statutes Title XXXVIII. Crimes and
Punishment; Peace Officers and Public Defenders §
565.240. Unlawful posting of certain information over the
internet, offense of--violation, penalty

1. A person commits the offense of unlawful posting of certain information over the internet if he or she knowingly posts the name, home address, Social Security number, telephone number, or any other personally identifiable information of any person on the
internet intending to cause great bodily harm or death, or threatening to cause great bodily harm or death to such person.
2. The offense of unlawful posting of certain information over the internet is a class C misdemeanor, unless the person knowingly posts on the internet the name, home address, Social Security number, telephone number, or any other personally identifiable
information of any law enforcement officer, corrections officer, parole officer, judge,commissioner, or prosecuting attorney, or of any immediate family member of such law enforcement officer, corrections officer, parole officer, judge, commissioner, or
prosecuting attorney, intending to cause great bodily harm or death, or threatening to cause great bodily harm or death, in which case it is a class E felony, and if such intention or threat results in bodily harm or death to such person or immediate family member, the offense of unlawful posting of certain information over the internet is a
class D felony.

Missouri Revised Statutes Title XXXVIII. Crimes and
Punishment; Peace Officers and Public Defenders §
565.252. Invasion of privacy, penalty

1. A person commits the offense of invasion of privacy if he or she knowingly:
(1) Photographs, films, videotapes, produces, or otherwise creates an image of another person, without the person's consent, while the person is in a state of full or partial nudity and is in a place where one would have a reasonable expectation of privacy; or
(2) Photographs, films, videotapes, produces, or otherwise creates an image of another person under or through the clothing worn by that other person for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent.
2. Invasion of privacy is a class A misdemeanor unless:
(1) A person who creates an image in violation of this section distributes the image to another or transmits the image in a manner that allows access to that image via computer;
(2) A person disseminates or permits the dissemination by any means, to another person, of a videotape, photograph, or film obtained in violation of this section;
(3) More than one person is viewed, photographed, filmed or videotaped during the same course of conduct; or
(4) The offense was committed by a person who has previously been found guilty of invasion of privacy in which case invasion of privacy is a class E felony.

3. Prior findings of guilt shall be pleaded and proven in the same manner required by the provisions of section 558.021.
4. As used in this section, “same course of conduct” means more than one person has been viewed, photographed, filmed, or videotaped under the same or similar circumstances pursuant to one scheme or course of conduct, whether at the same or different times.

Missouri Revised Statutes Title XXXVIII. Crimes and
Punishment; Peace Officers and Public Defenders §
573.110. Nonconsensual dissemination of private sexual
images, offense of--definitions--elements--exemptions--immunity from liability, when--penalty--private cause of action, when1.

As used in this section and section 573.112, the following terms mean:
(1)“Computer”, a device that accepts, processes, stores, retrieves, or outputs data and includes, but is not limited to, auxiliary storage and telecommunications devices connected to computers;

(2)“Computer program”, a series of coded instructions or statements in a form acceptable to a computer that causes the computer to process data and supply the results of the data processing;
(3)“Data”, a representation in any form of information, knowledge, facts, concepts, or instructions including, but not limited to, program documentation, that is prepared or has been prepared in a formalized manner and is stored or processed in or transmitted by a computer or in a system or network. Data is considered property and may be in any form including, but not limited to, printouts, magnetic or optical storage media, punch cards, data stored internally in the memory of the computer, or data stored externally that is accessible by the computer;
(4)“Image”, a photograph, film, videotape, digital recording, or other depiction or portrayal of an object, including a human body;
(5)“Intimate parts”, the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, or anus or, if the person is female, a partially or fully exposed nipple, including exposure through transparent clothing;
(6)“Private mobile radio services”, private land mobile radio services and other communications services characterized by the public service commission as private mobile radio services;
(7)“Public mobile services”, air-to-ground radio telephone services, cellular radio telecommunications services, offshore radio, rural radio services, public land mobile telephone services, and other common carrier radio communications services;
(8)“Sexual act”, sexual penetration, masturbation, or sexual activity;
(9)“Sexual activity”, any:

(a) Knowing touching or fondling by the victim or another person or animal, either directly or through clothing, of the sex organs, anus, or breast of the victim or another person or animal for the purpose of sexual gratification or arousal;
(b) Transfer or transmission of semen upon any part of the clothed or unclothed body of the victim for the purpose of sexual gratification or arousal of the victim or another;
(c) Act of urination within a sexual context;
(d) Bondage, fetter, sadism, or masochism; or
(e) Sadomasochism abuse in any sexual context.
2. A person commits the offense of nonconsensual dissemination of private sexualimages if he or she:
(1) Intentionally disseminates an image with the intent to harass, threaten, or coerce another person:
(a) Who is at least eighteen years of age;
(b) Who is identifiable from the image itself or information displayed in connection with the image; and
(c) Who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part;
(2) Obtains the image under circumstances in which a reasonable person would know or understand that the image was to remain private; and
(3) Knows or should have known that the person in the image did not consent to thedissemination.

3. The following activities are exempt from the provisions of this section:
(1) The intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed if the dissemination is made for the purpose of a criminal investigation that is otherwise lawful;
(2) The intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed if the dissemination is for the purpose of, or in connection with, the reporting of unlawful conduct;
(3) The intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed if the image involves voluntary exposure in a public or commercial setting; or
(4) The intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed if the dissemination serves a lawful public purpose.
4. Nothing in this section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person:
(1) An interactive computer service, as defined in 47 U.S.C. Section 230(f)(2);
(2) A provider of public mobile services or private mobile radio services; or
(3) A telecommunications network or broadband provider.
5. A person convicted under this section is subject to the forfeiture provisions under sections 513.600 to 513.660.
6. The offense of nonconsensual dissemination of private sexual images is a class D felony.

7. In addition to the criminal penalties listed in subsection 6 of this section, the person in violation of the provisions of this section shall also be subject to a private cause of action from the depicted person. Any successful private cause of action brought under this subsection shall result in an award equal to ten thousand dollars or actual
damages, whichever is greater, and in addition shall include attorney's fees. Humiliation or embarrassment shall be an adequate showing that the plaintiff has incurred damages; however, no physical manifestation of either humiliation or embarrassment is
necessary for damages to be shown.

Missouri Revised Statutes Title XXXVIII. Crimes and
Punishment; Peace Officers and Public Defenders §
573.112. Threatening the nonconsensual dissemination
of private sexual images, offense of--elements--penalty

1. A person commits the offense of threatening the nonconsensual dissemination of private sexual images if he or she gains or attempts to gain anything of value, or coerces or attempts to coerce another person to act or refrain from acting, by threatening to disseminate an image of another person, which was obtained under
circumstances in which a reasonable person would know or understand that the image was to remain private, against the will of such person:
(1) Who is at least eighteen years of age;
(2) Who is identifiable from the image itself or information displayed in connection with the image; and
(3) Who is engaged in a sexual act or whose intimate parts are exposed, in whole or inpart.

2. The offense of threatening the nonconsensual dissemination of private sexual images is a class E felony.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Montana Title 45. Crimes § 45-5-203. Intimidation

(1) A person commits the offense of intimidation when, with the purpose to cause another to perform or to omit the performance of any act, the person communicates to another, under circumstances that reasonably tend to produce a fear that it will be
carried out, a threat to perform without lawful authority any of the following acts:
(a) inflict physical harm on the person threatened or any other person;
(b) subject any person to physical confinement or restraint; or
(c) commit any felony.
(2) A person commits the offense of intimidation if the person knowingly communicates a threat or false report of a pending fire, explosion, or disaster that would endanger life or property.
(3) A person convicted of the offense of intimidation shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.

Montana Title 45. Crimes § 45-5-220.
Stalking--exemption--penalty

(1) A person commits the offense of stalking if the person purposely or knowingly engages in a course of conduct directed at a specific person and knows or should know that the course of conduct would cause a reasonable person to:
(a) fear for the person's own safety or the safety of a third person; or
(b) suffer other substantial emotional distress.

(2) For the purposes of this section, the following definitions apply:
(a) “Course of conduct” means two or more acts, including but not limited to acts in which the offender directly or indirectly, by any action, method, communication, or physical or electronic devices or means, follows, monitors, observes, surveils, threatens,
harasses, or intimidates a person or interferes with a person's property.
(b) “Monitors” includes the use of any electronic, digital, or global positioning device or similar technological means.
(c) “Reasonable person” means a reasonable person under similar circumstances as the victim. This is an objective standard.
(d) “Substantial emotional distress” means significant mental suffering or distress that may but does not necessarily require medical or other professional treatment or counseling.
(3) This section does not apply to a constitutionally protected activity.
(4)(a) Except as provided in subsection (4)(b), for the first offense, a person convicted of stalking shall be imprisoned in the county jail for a term not to exceed 1 year or fined an amount not to exceed $1,000, or both.
(b) For a second or subsequent offense within 20 years or for a first offense when the offender violated any order of protection, when the offender used force or a weapon or threatened to use force or a weapon, or when the victim is a minor and the offender is at
least 5 years older than the victim, the offender shall be imprisoned in the state prison for a term not to exceed 5 years or fined an amount not to exceed $10,000, or both.
(c) A person convicted of stalking may be sentenced to pay all medical, counseling, and other costs incurred by or on behalf of the victim as a result of the offense.

(5) Upon presentation of credible evidence of violation of this section, an order may be granted, as set forth in Title 40, chapter 15, restraining a person from engaging in the activity described in subsection (1).
(6) For the purpose of determining the number of convictions under this section, “conviction” means:
(a) a conviction, as defined in 45-2-101, in this state;
(b) a conviction for a violation of a statute similar to this section in another state; or
(c) a forfeiture of bail or collateral deposited to secure the defendant's appearance in court in this state or another state for a violation of a statute similar to this section, which forfeiture has not been vacated.
(7) Attempts by the accused person to contact or follow the stalked person after the accused person has been given actual notice that the stalked person does not want to be contacted or followed constitutes prima facie evidence that the accused person purposely or knowingly followed, harassed, threatened, or intimidated the stalked person.

Montana Title 45. Crimes § 45-8-213. Privacy in communications

Current as of January 01, 2024 | Updated by Findlaw Staff
(1) Except as provided in 69-6-104, a person commits the offense of violating privacy in communications if the person knowingly or purposely:
(a) with the purpose to terrify, intimidate, threaten, harass, or injure, communicates with a person by electronic communication and threatens to inflict injury or physical harm tothe person or property of the person or makes repeated use of obscene, lewd, or profane language or repeated lewd or lascivious suggestions;
(b) uses an electronic communication to attempt to extort money or any other thing of value from a person or to disturb by repeated communications the peace, quiet, or right of privacy of a person at the place where the communications are received;
(c) records or causes to be recorded a conversation by use of a hidden electronic or mechanical device that reproduces a human conversation without the knowledge of all parties to the conversation; or
(d) with the purpose to terrify, intimidate, threaten, harass, or injure, publishes or distributes printed or electronic photographs, pictures, images, or films of an identifiable person without the consent of the person depicted that show:
(i) the visible genitals, anus, buttocks, or female breast if the nipple is exposed; or
(ii) the person depicted engaged in a real or simulated sexual act.
(2)(a) Subsection (1)(c) does not apply to:
(i) elected or appointed public officials or to public employees when the transcription or recording is done in the performance of official duty;
(ii) persons speaking at public meetings;
(iii) persons given warning of the transcription or recording. If one person provides the warning, either party may record.
(iv) a health care facility, as defined in 50-5-101, or a government agency that deals with health care if the recording is of a health care emergency telephone communication made to the facility or agency.

(b) Subsection (1)(d) does not apply to:
(i) images involving the voluntary exposure of a person's genitals or intimate parts in public or commercial settings;
(ii) disclosures made in the public interest, including but not limited to the reporting of unlawful conduct;
(iii) disclosures made in the course of performing duties related to law enforcement, including reporting to authorities, criminal or news reporting, legal proceedings, or medical treatment; or
(iv) disclosures concerning historic, artistic, scientific, or educational materials.
(3) Except as provided in 69-6-104, a person commits the offense of violating privacy in communications if the person purposely intercepts an electronic communication. This subsection does not apply to elected or appointed public officials or to public employees when the interception is done in the performance of official duty or to
persons given warning of the interception.
(4)(a) A person convicted of the offense of violating privacy in communications shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
(b) On a second conviction of subsection (1)(a), (1)(b), or (1)(d), a person shall be imprisoned in the county jail for a term not to exceed 1 year or be fined an amount not to exceed $1,000, or both.
(c) On a third or subsequent conviction of subsection (1)(a), (1)(b), or (1)(d), a person shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $10,000, or both.

(5) Nothing in this section may be construed to impose liability on an interactive computer service for content provided by another person.
(6) As used in this section, the following definitions apply:
(a) “Electronic communication” means any transfer between persons of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system.
(b) “Interactive computer service” means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and this type of service or system as operated or offered by a library or educational institution.

Montana Title 45. Crimes § 45-5-221. Malicious intimidation or harassment relating to civil or human rights--penalty

(1) A person commits the offense of malicious intimidation or harassment when, because of another person's race, creed, religion, color, national origin, or involvement in civil rights or human rights activities, the person purposely or knowingly, with the intent
to terrify, intimidate, threaten, harass, annoy, or offend:
(a) causes bodily injury to another;
(b) causes reasonable apprehension of bodily injury in another; or
(c) damages, destroys, or defaces any property of another or any public property.

(2) For purposes of this section, “deface” includes but is not limited to cross burning or the placing of any word or symbol commonly associated with racial, religious, or ethnic identity or activities on the property of another person without the other person's permission.
(3) A person convicted of the offense of malicious intimidation or harassment shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $5,000, or both.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Nebraska Revised Statutes Chapter 28. Crimes and Punishments § 28-311.02. Stalking and harassment;
legislative intent; terms, defined

(1) It is the intent of the Legislature to enact laws dealing with stalking offenses which will protect victims from being willfully harassed, intentionally terrified, threatened, or
intimidated by individuals who intentionally follow, detain, stalk, or harass them or impose any restraint on their personal liberty and which will not prohibit constitutionally protected activities.
(2) For purposes of sections 28-311.02 to 28-311.05, 28-311.09, and 28-311.10:
(a) Harass means to engage in a knowing and willful course of conduct directed at a specific person which seriously terrifies, threatens, or intimidates the person and which serves no legitimate purpose;
(b) Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including a series of acts of following, detaining, restraining the personal liberty of, or stalking the person or
telephoning, contacting, or otherwise communicating with the person;
(c) Family or household member means a spouse or former spouse of the victim, children of the victim, a person presently residing with the victim or who has resided with the victim in the past, a person who had a child in common with the victim, other persons related to the victim by consanguinity or affinity, or any person presently involved in a dating relationship with the victim or who has been involved in a dating relationship with the victim. For purposes of this subdivision, dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement but does not include a casual relationship or an ordinary association between persons in a business or social context; and
(d) Substantially conforming criminal violation means a guilty plea, a nolo contendere plea, or a conviction for a violation of any federal law or law of another state or any county, city, or village ordinance of this state or another state substantially similar to section 28-311.03. Substantially conforming is a question of law to be determined by
the court.

Nebraska Revised Statutes Chapter 28. Crimes and
Punishments § 28-311.03. Stalking

Any person who willfully harasses another person or a family or household member of such person with the intent to injure, terrify, threaten, or intimidate commits the offense of stalking.
Nebraska Revised Statutes Chapter 28. Crimes and
Punishments § 28-311.04. Stalking; violations; penalties
(1) Except as provided in subsection (2) of this section, any person convicted of violating section 28-311.03 is guilty of a Class I misdemeanor.
(2) Any person convicted of violating section 28-311.03 is guilty of a Class IIIA felony if:
(a) The person has a prior conviction under such section or a substantially conforming criminal violation within the last seven years;
(b) The victim is under sixteen years of age;
(c) The person possessed a deadly weapon at any time during the violation;

(d) The person was also in violation of section 28-311.09, 28-311.11, 42-924, or 42-925, or in violation of a valid foreign harassment protection order recognized pursuant to section 28-311.10 or a valid foreign sexual assault protection order recognized pursuant
to section 28-311.12 at any time during the violation; or
(e) The person has been convicted of any felony in this state or has been convicted of a crime in another jurisdiction which, if committed in this state, would constitute a felony and the victim or a family or household member of the victim was also the victim of
such previous felony.
Nebraska Revised Statutes Chapter 28. Crimes and
Punishments § 28-311.05. Stalking; not applicable to
certain conduct Sections 28-311.02 to 28-311.04, 28-311.09, and 28-311.10 shall not apply to conduct which occurs during labor picketing.

Nebraska Revised Statutes Chapter 28. Crimes and
Punishments § 28-311.08. Unlawful intrusion; photograph, film, or record image or video of intimate area; distribute or make public; penalty; court; duties; registration under Sex Offender Registration Act; statute of limitations

Current as of January 01, 2024 | Updated by Findlaw Staff
(1) It shall be unlawful for any person to knowingly intrude upon any other person without his or her consent in a place of solitude or seclusion. Violation of this subsection is a Class I misdemeanor. A second or subsequent violation of this subsection is a Class IV felony.
(2) It shall be unlawful for any person to knowingly and intentionally photograph, film, or otherwise record an image or video of the intimate area of any other person without his or her knowledge and consent when his or her intimate area would not be generally
visible to the public regardless of whether such other person is located in a public or private place. Violation of this subsection is a Class IV felony. (3) It shall be unlawful for any person to knowingly and intentionally distribute or otherwise make public an image or video of another person recorded in violation of subsection (2) of this section without that person's consent. A first or second violation
of this subsection is a Class IIA felony. A third or subsequent violation of this subsection is a Class II felony.
(4) It shall be unlawful for any person to knowingly and intentionally distribute or otherwise make public an image or video of another person's intimate area or of another person engaged in sexually explicit conduct (a) if the other person had a reasonable expectation that the image would remain private, (b) knowing the other person did not consent to distributing or making public the image or video, and (c) if distributing or making public the image or video serves no legitimate purpose. Violation of this subsection is a Class I misdemeanor. A second or subsequent violation of this
subsection is a Class IV felony.
(5) It shall be unlawful for any person to threaten to distribute or otherwise make public an image or video of another person's intimate area or of another person engaged in sexually explicit conduct with the intent to intimidate, threaten, or harass any person. Violation of this subsection is a Class I misdemeanor. (6) As part of sentencing following a conviction for a violation of subsection (1), (2), or
(3) of this section, the court shall make a finding as to the ages of the defendant and the victim at the time the offense occurred. If the defendant is found to have been nineteen years of age or older and the victim is found to have been less than eighteen years of
age at such time, then the defendant shall be required to register under the Sex Offender Registration Act.
(7) No person shall be prosecuted under this section unless the indictment for such offense is found by a grand jury or a complaint filed before a magistrate within three years after the later of:
(a) The commission of the crime;
(b) Law enforcement's or a victim's receipt of actual or constructive notice of either the existence of a video or other electronic recording made in violation of this section or the distribution of images, video, or other electronic recording made in violation of this
section; or
(c) The youngest victim of a violation of this section reaching the age of twenty-one years.
(8) For purposes of this section:
(a) Intimate area means the naked or undergarment-clad genitalia, pubic area, buttocks, or female breast of an individual;
(b) Intrude means either:
(i) Viewing another person in a state of undress as it is occurring; or
(ii) Recording another person in a state of undress by video, photographic, digital, or other electronic means; and

(c) Place of solitude or seclusion means a place where a person would intend to be in a state of undress and have a reasonable expectation of privacy, including, but not limited to, any facility, public or private, used as a restroom, tanning booth, locker room, shower
room, fitting room, or dressing room.

Nebraska Revised Statutes Chapter 28. Crimes and
Punishments § 28-311.09. Harassment protection order;
violation; penalty; procedure; costs; enforcement
Current as of January 01, 2024 | Updated by Findlaw Staff

(1) Any victim who has been harassed as defined by section 28-311.02 may file a petition and affidavit for a harassment protection order as provided in subsection (3) of this section. Upon the filing of such a petition and affidavit in support thereof, the court may issue a harassment protection order without bond enjoining the respondent from
(a) imposing any restraint upon the person or liberty of the petitioner, (b) harassing,
threatening, assaulting, molesting, attacking, or otherwise disturbing the peace of the petitioner, or (c) telephoning, contacting, or otherwise communicating with the petitioner. The harassment protection order shall specify to whom relief under this section was granted.
(2) The petition for a harassment protection order shall state the events and dates or approximate dates of acts constituting the alleged harassment, including the most recent and most severe incident or incidents.
(3) A petition for a harassment protection order shall be filed with the clerk of the district court, and the proceeding may be heard by the county court or the district court as provided in section 25-2740.

(4) A petition for a harassment protection order filed pursuant to subsection (1) of this section may not be withdrawn except upon order of the court. An order issued pursuant to subsection (1) of this section shall specify that it is effective for a period of one year
unless otherwise dismissed or modified by the court. Any person, except the petitioner, who knowingly violates an order issued pursuant to subsection (1) of this section after service or notice as described in subdivision (9)(b) of this section shall be guilty of a
Class II misdemeanor. (5)(a) Fees to cover costs associated with the filing of a petition for a harassment protection order or the issuance or service of a harassment protection order seeking only the relief provided by this section shall not be charged, except that a court may
assess such fees and costs if the court finds, by clear and convincing evidence, that the statements contained in the petition were false and that the harassment protection order was sought in bad faith.
(b) A court may also assess costs associated with the filing of a petition for a harassment protection order or the issuance or service of a harassment protection order seeking only the relief provided by this section against the respondent.
(6) The clerk of the district court shall make available standard application and affidavit forms for a harassment protection order with instructions for completion to be used by a petitioner. Affidavit forms shall request all relevant information, including, but not limited to: A description of the incidents that are the basis for the application for a harassment protection order, including the most severe incident, and the date or approximate date of such incidents. The clerk and his or her employees shall not provide assistance in completing the forms. The State Court Administrator shall adopt and promulgate the standard application and affidavit forms provided for in this section
as well as the standard temporary ex parte and final harassment protection order forms and provide a copy of such forms to all clerks of the district courts in this state. These standard temporary ex parte and final harassment protection order forms shall be the only such forms used in this state.
(7) Any order issued under subsection (1) of this section may be issued ex parte without notice to the respondent if it reasonably appears from the specific facts shown by affidavit of the petitioner that irreparable harm, loss, or damage will result before the
matter can be heard on notice. If the specific facts included in the affidavit (a) do not show that the petitioner will suffer irreparable harm, loss, or damage or (b) show that,for any other compelling reason, an ex parte order should not be issued, the court may
forthwith cause notice of the application to be given to the respondent stating that he or she may show cause, not more than fourteen days after service, why such order should not be entered. Any notice provided to the respondent shall include notification that a
court may treat a petition for a harassment protection order as a petition for a sexual assault protection order or a domestic abuse protection order if it appears from the facts that such other protection order is more appropriate and that the respondent shall have an opportunity to show cause as to why such protection order should not be entered. If such ex parte order is issued without notice to the respondent, the court shall forthwith cause notice of the petition and order and a form with which to request a show-cause hearing to be given the respondent stating that, upon service on the respondent, the order shall remain in effect for a period of one year unless the
respondent shows cause why the order should not remain in effect for a period of one year. If the respondent wishes to appear and show cause why the order should not remain in effect for a period of one year, he or she shall affix his or her current address, telephone number, and signature to the form and return it to the clerk of the district court within ten business days after service upon him or her. Upon receipt of a timely request for a show-cause hearing, the court shall immediately schedule a show-causehearing to be held within thirty days after the receipt of the request for a show-cause
hearing and shall notify the petitioner and respondent of the hearing date. If a petition is dismissed without a hearing, it shall be dismissed without prejudice. The petition and affidavit shall be deemed to have been offered into evidence at any show-cause hearing.
The petition and affidavit shall be admitted into evidence unless specifically excluded by the court.
(8) A court may treat a petition for a harassment protection order as a petition for a sexual assault protection order or a domestic abuse protection order if it appears from the facts in the petition, affidavit, and evidence presented at a show-cause hearing that such other protection order is more appropriate and if:
(a) The court makes specific findings that such other order is more appropriate; or
(b) The petitioner has requested the court to so treat the petition.
(9)(a) Upon the issuance of any temporary ex parte or final harassment protection order,the clerk of the court shall forthwith provide the petitioner, without charge, with two certified copies of such order. The clerk of the court shall also forthwith provide the
local police department or local law enforcement agency and the local sheriff's office, without charge, with one copy each of such order and one copy each of the sheriff's return thereon. The clerk of the court shall also forthwith provide a copy of the harassment protection order to the sheriff's office in the county where the respondent may be personally served together with instructions for service. Upon receipt of the order and instructions for service, such sheriff's office shall forthwith serve the harassment protection order upon the respondent and file its return thereon with the clerk of the court which issued the harassment protection order within fourteen days of the issuance of the harassment protection order. If any harassment protection order is dismissed or modified by the court, the clerk of the court shall forthwith provide the local police department or local law enforcement agency and the local sheriff's office, without charge, with one copy each of the order of dismissal or modification.

(b) If the respondent is present at a hearing convened pursuant to this section and the harassment protection order is not dismissed, such respondent shall be deemed to have notice by the court at such hearing that the harassment protection order will be granted and remain in effect and further service of such notice described in this
subsection shall not be required for purposes of prosecution under this section.
(c) A temporary ex parte harassment protection order shall be affirmed and deemed the final protection order and service of the temporary ex parte order shall be notice of the final protection order if the respondent has been properly served with the ex parte order
and:
(i) The respondent fails to request a show-cause hearing within ten business days after service upon him or her and no hearing was requested by the petitioner or upon the court's own motion;
(ii) The respondent has been properly served with notice of any hearing requested by the respondent or petitioner or upon the court's own motion and the respondent fails to appear at such hearing; or
(iii) The respondent has been properly served with notice of any hearing requested by the respondent, the petitioner, or upon the court's own motion and the protection order was not dismissed at the hearing.
(10) A peace officer may, with or without a warrant, arrest a person if (a) the officer has probable cause to believe that the person has committed a violation of a harassment protection order issued pursuant to this section or a violation of a valid foreign
harassment protection order recognized pursuant to section 28-311.10 and (b) a petitioner under this section provides the peace officer with a copy of a harassment protection order or the peace officer determines that such an order exists after communicating with the local law enforcement agency or a person protected under a valid foreign harassment protection order recognized pursuant to section 28-311.10 provides the peace officer with a copy of such order.
(11) A peace officer making an arrest pursuant to subsection (10) of this section shall take such person into custody and take such person before the county court or the court which issued the harassment protection order within a reasonable time. At such time the court shall establish the conditions of such person's release from custody,
including the determination of bond or recognizance, as the case may be. The court shall issue an order directing that such person shall have no contact with the alleged victim of the harassment.
(12) When provided by the petitioner, the court shall make confidential numeric victim identification information, including social security numbers and dates of birth, available to appropriate criminal justice agencies engaged in protection order enforcement
efforts. Such agencies shall maintain the confidentiality of this information except for entry into state and federal databases for protection order enforcement.

Nebraska Revised Statutes Chapter 28. Crimes and
Punishments § 28-311.10. Foreign harassment
protection order; enforcement Current as of January 01, 2024 | Updated by Findlaw Staff

(1) A valid foreign harassment protection order or order similar to a harassment protection order issued by a court of another state, tribe, or territory shall be accorded full faith and credit by the courts of this state and enforced as if it were issued in this state.
(2) A foreign harassment order issued by a court of another state, tribe, or territory shall be valid if:

(a) The issuing court had jurisdiction over the parties and matter under the law of such state, tribe, or territory;
(b) The respondent was given reasonable notice and an opportunity to be heard sufficient to protect the respondent's right to due process before the order was issued; and
(c) The harassment order from another jurisdiction has not been rendered against both the petitioner and the respondent, unless: (i) The respondent filed a cross or counter petition, complaint, or other written pleading seeking such a harassment order; and (ii)
the issuing court made specific findings of harassment against both the petitioner and respondent and determined that each party was entitled to such an order. There is a presumption of the validity of the foreign protection order when the order appears authentic on its face.
(3) A peace officer may rely upon a copy of any putative valid foreign harassment protection order which has been provided to the peace officer by any source.

Nebraska Revised Statutes Chapter 28. Crimes and
Punishments § 28-1310. Intimidation by telephone call or
electronic communication; penalty

(1) A person commits the offense of intimidation by telephone call or electronic communication if, with intent to intimidate, threaten, or harass an individual, the person telephones such individual or transmits an electronic communication directly to such
individual, whether or not conversation or an electronic response ensues, and the person:
(a) Uses obscene language or suggests any obscene act;

(b) Threatens to inflict physical or mental injury to such individual or any other person or physical injury to the property of such individual or any other person; or
(c) Attempts to extort property, money, or other thing of value from such individual or any other person.
(2) The offense shall be deemed to have been committed either at the place where the call or electronic communication was initiated or where it was received.
(3) Intimidation by telephone call or electronic communication is a Class III misdemeanor.
(4) For purposes of this section, electronic communication means any writing, sound, visual image, or data of any nature that is received or transmitted by an electronic communication device as defined in section 28-833.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Nevada Revised Statutes Title 15. Crimes and
Punishments § 193.130. Categories and punishment of
felonies Current as of January 01, 2021 | Updated by Findlaw Staff

1. Except when a person is convicted of a category A felony, and except as otherwise provided by specific statute, a person convicted of a felony shall be sentenced to a minimum term and a maximum term of imprisonment which must be within the limits prescribed by the applicable statute, unless the statute in force at the time of
commission of the felony prescribed a different penalty. The minimum term of imprisonment that may be imposed must not exceed 40 percent of the maximum term imposed.
2. Except as otherwise provided by specific statute, for each felony committed on or after July 1, 1995:
(a) A category A felony is a felony for which a sentence of death or imprisonment in the state prison for life with or without the possibility of parole may be imposed, as provided by specific statute.
(b) A category B felony is a felony for which the minimum term of imprisonment in the state prison that may be imposed is not less than 1 year and the maximum term of imprisonment that may be imposed is not more than 20 years, as provided by specific
statute.
(c) A category C felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years. In addition to any other penalty, the court may impose a fine of not more than $10,000, unless a greater fine is authorized or required by statute.
(d) A category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater fine is authorized or required by statute.
(e) A category E felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. Except as otherwise provided in paragraph (b) of subsection 1 of NRS 176A.100 or paragraph (a) of subsection 2 of NRS 453.336,
upon sentencing a person who is found guilty of a category E felony, the court shall suspend the execution of the sentence and grant probation to the person upon such conditions as the court deems appropriate. Such conditions of probation may include,
but are not limited to, requiring the person to serve a term of confinement of not more than 1 year in the county jail. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater penalty is authorized or required by
statute.

Nevada Revised Statutes Title 15. Crimes and
Punishments § 200.571. Harassment: Definition;
penalties

1. A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(1) To cause bodily injury in the future to the person threatened or to any other person;

(2) To cause physical damage to the property of another person;
(3) To subject the person threatened or any other person to physical confinement or
restraint; or
(4) To do any act which is intended to substantially harm the person threatened or any other person with respect to his or her physical or mental health or safety; and
(b) The person by words or conduct places the person receiving the threat in reasonable fear that the threat will be carried out.
2. Except where the provisions of subsection 2, 3 or 4 of NRS 200.575 are applicable, a person who is guilty of harassment:
(a) For the first offense, is guilty of a misdemeanor.
(b) For the second or any subsequent offense, is guilty of a gross misdemeanor.
3. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.

Nevada Revised Statutes Title 15. Crimes and Punishments § 200.575. Stalking: Definitions; penalties; entry of finding in judgment of conviction or admonishment of rights

1. A person who, without lawful authority, willfully or maliciously engages in a course of conduct directed towards a victim that would cause a reasonable person under similar circumstances to feel terrorized, frightened, intimidated, harassed or fearful for his or
her immediate safety or the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for his or her immediate safety or the immediate safety of a family or household
member, commits the crime of stalking. Except where the provisions of subsection 2, 3 or 4 are applicable, a person who commits the crime of stalking:
(a) For the first offense, is guilty of a misdemeanor.
(b) For the second offense, is guilty of a gross misdemeanor.
(c) For the third or any subsequent offense, is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years, and may be further punished by a fine of not more than $5,000.
2. Except as otherwise provided in subsection 3 or 4 and unless a more severe penalty is prescribed by law, a person who commits the crime of stalking where the victim is under the age of 16 and the person is 5 or more years older than the victim:
(a) For the first offense, is guilty of a gross misdemeanor.
(b) For the second offense, is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 5 years, and may be further punished by a fine of not more than $5,000.
(c) For the third or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.
3. A person who commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause the person to be placed in reasonable fear of death or substantial bodily harm commits the crime of aggravated stalking. A person who
commits the crime of aggravated stalking shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.
4. A person who commits the crime of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony as
provided in NRS 193.130.
5. If any act engaged in by a person was part of the course of conduct that constitutes the crime of stalking and was initiated or had an effect on the victim in this State, the person may be prosecuted in this State.
6. Except as otherwise provided in subsection 2 of NRS 200.571, a criminal penalty provided for in this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.
7. If the court finds that a person convicted of stalking pursuant to this section committed the crime against a person listed in subsection 1 of NRS 33.018 and that the victim has an ongoing, reasonable fear of physical harm, the court shall enter the finding in its judgment of conviction or admonishment of rights.
8. If the court includes such a finding in a judgment of conviction or admonishment of rights issued pursuant to this section, the court shall:

(a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360; and
(b) Order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control in the manner set forth in NRS 202.361.
9. A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000. The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not
more than $5,000.
10. The penalties provided in this section do not preclude the victim from seeking any
other legal remedy available.
11. As used in this section:
(a) “Course of conduct” means a pattern of conduct which consists of two or more acts
over a period of time that evidences a continuity of purpose directed at a specific
person.

(b) “Family or household member” means a spouse, a former spouse, a parent or other person who is related by blood or marriage or is or was actually residing with the person.
(c) “Internet or network site” has the meaning ascribed to it in NRS 205.4744.
(d) “Network” has the meaning ascribed to it in NRS 205.4745.
(e) “Offense” includes, without limitation, a violation of the law of any other jurisdiction
that prohibits the same or similar conduct set forth in this section.
(f) “Text messaging” means a communication in the form of electronic text or one or more electronic images sent from a telephone or computer to another person's telephone or computer by addressing the communication to the recipient's telephone
number.
(g) “Without lawful authority” includes acts which are initiated or continued without the victim's consent. The term does not include acts which are otherwise protected or authorized by constitutional or statutory law, regulation or order of a court of competent
jurisdiction, including, but not limited to:
(1) Picketing which occurs during a strike, work stoppage or any other labor dispute.
(2) The activities of a reporter, photographer, camera operator or other person while gathering information for communication to the public if that person is employed or engaged by or has contracted with a newspaper, periodical, press association or radio
or television station and is acting solely within that professional capacity.
(3) The activities of a person that are carried out in the normal course of his or her lawful employment.

(4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.

Nevada Revised Statutes Title 15. Crimes and
Punishments § 200.581. Where offense committed
Harassment, stalking or aggravated stalking shall be deemed to have been committed where the conduct occurred or where the person who was affected by the conduct was located at the time that the conduct occurred.

Nevada Revised Statutes Title 15. Crimes and
Punishments § 200.780. Unlawful dissemination of
intimate image; exceptions; penalty

1. Except as otherwise provided in subsection 3, a person commits the crime of unlawful dissemination of an intimate image when, with the intent to harass, harm or terrorize another person, the person electronically disseminates or sells an intimate image which depicts the other person and the other person:
(a) Did not give prior consent to the electronic dissemination or the sale of the intimate image;
(b) Had a reasonable expectation that the intimate image would be kept private and would not be made visible to the public; and
(c) Was at least 18 years of age when the intimate image was created.
2. A person who commits the crime of unlawful dissemination of an intimate image is guilty of a category D felony and shall be punished as provided in NRS 193.130.

3. The provisions of this section do not apply to the electronic dissemination of an intimate image for the purpose of:
(a) A legitimate public interest;
(b) Reporting unlawful conduct;
(c) Any lawful law enforcement or correctional activity;
(d) Investigation or prosecution of a violation of this section; or
(e) Preparation for or use in any legal proceeding.
4. A person who commits the crime of unlawful dissemination of an intimate image is not considered a sex offender and is not subject to registration or community notification as a sex offender pursuant to NRS 179D.010 to 179D.550, inclusive.

Nevada Revised Statutes Title 15. Crimes and
Punishments § 200.785. Demands in exchange for
removal of intimate image; penalty

Any person who demands payment of money, property, services or anything else of value from a person in exchange for removing an intimate image from public view is guilty of a category D felony and shall be punished as provided in NRS 193.130.

Nevada Revised Statutes Title 15. Crimes and Punishments § 205.463. Obtaining and using personal identifying information of another person to harm or
impersonate person, to obtain certain nonpublic records
or for other unlawful purpose; penalties; rebuttable
inference that possessor of personal identifyinginformation intended to unlawfully use such information
1. Except as otherwise provided in subsections 2 and 3, a person who knowingly:
(a) Obtains any personal identifying information of another person; and
(b) With the intent to commit an unlawful act, uses the personal identifying information:
(1) To harm that other person;
(2) To represent or impersonate that other person to obtain access to any personal identifying information of that other person without the prior express consent of that other person;
(3) To obtain access to any nonpublic record of the actions taken, communications made or received by, or other activities or transactions of that other person without the prior express consent of that other person; or
(4) For any other unlawful purpose, including, without limitation, to obtain credit, a good, a service or anything of value in the name of that other person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.

2. Except as otherwise provided in subsection 3, a person who knowingly:
(a) Obtains any personal identifying information of another person; and
(b) Uses the personal identifying information to avoid or delay being prosecuted for an unlawful act, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. A person who violates:
(a) Subsection 1 or 2 by obtaining and using the personal identifying information of an older person or a vulnerable person;
(b) Subsection 1 or 2 by obtaining and using the personal identifying information of five or more persons;
(c) Subsection 1 or 2 by causing another person to suffer a financial loss or injury of $3,000 or more as a result of the violation; or
(d) Subsection 2 to avoid or delay being prosecuted for an unlawful act that is punishable as a category A felony or category B felony,
is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.
4. In addition to any other penalty, the court shall order a person convicted of violating subsection 1 to pay restitution, including, without limitation, any attorney's fees and costs incurred to:
(a) Repair the credit history or rating of the person whose personal identifying information the convicted person obtained and used in violation of subsection 1; and

(b) Satisfy a debt, lien or other obligation incurred by the person whose personal identifying information the convicted person obtained and used in violation of subsection 1.
5. Proof of possession of the personal identifying information of five or more persons in a manner not set forth in NRS 205.4655 permits a rebuttable inference that the possessor intended to use such information in violation of this section.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

2024 New Hampshire Revised Statutes

Title XV - Education

Chapter 193-F - Pupil Safety and Violence Prevention

Section 193-F:4 - Pupil Safety and Violence Prevention.

Universal Citation: NH Rev Stat § 193-F:4 (2024)

193-F:4 Pupil Safety and Violence Prevention. –

I. Bullying or cyberbullying shall occur when an action or communication as defined in RSA 193-F:3:

(a) Occurs on, or is delivered to, school property or a school-sponsored activity or event on or off school property; or

(b) Occurs off of school property or outside of a school-sponsored activity or event, if the conduct interferes with a pupil's educational opportunities or substantially disrupts the orderly operations of the school or school-sponsored activity or event.

II. The school board of each school district and the board of trustees of a chartered public school shall, no later than 6 months after the effective date of this section, adopt a written policy prohibiting bullying and cyberbullying. Such policy shall include the definitions set forth in RSA 193-F:3. The policy shall contain, at a minimum, the following components:

(a) A statement prohibiting bullying or cyberbullying of a pupil.

(b) A statement prohibiting retaliation or false accusations against a victim, witness, or anyone else who in good faith provides information about an act of bullying or cyberbullying and, at the time a report is made, a process for developing, as needed, a plan to protect pupils from retaliation.

(c) A requirement that all pupils are protected regardless of their status under the law.

(d) A statement that there shall be disciplinary consequences or interventions, or both, for a pupil who commits an act of bullying or cyberbullying, or falsely accuses another of the same as a means of retaliation or reprisal.

(e) A statement indicating how the policy shall be made known to school employees, regular school volunteers, pupils, parents, legal guardians, or employees of a company under contract to a school, school district, or chartered public school. Recommended methods of communication include, but are not limited to, handbooks, websites, newsletters, and workshops.

(f) A procedure for reporting bullying or cyberbullying that identifies all persons to whom a pupil or another person may report bullying or cyberbullying.

(g) A procedure outlining the internal reporting requirements within the school or school district or chartered public school.

(h) A procedure for notification, within 48 hours of the incident report, to the parent or parents or guardian of a victim of bullying or cyberbullying and theparent or parents or guardian of the perpetrator of the bullying or cyberbullying. The content of the notification shall comply with the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g.

(i) A provision that the superintendent or designee may, within the 48-hour period, grant the school principal or designee a waiver from the notification requirement if the superintendent or designee deems such waiver to be in the best interest of the victim or perpetrator. Any such waiver granted shall be in writing. Granting of a waiver shall not negate the school's responsibility to adhere to the remainder of
its approved written policy.

(j) A written procedure for investigation of reports, to be initiated within 5 school days of the reported incident, identifying either the principal or the principal's designee as the person responsible for the investigation and the manner and time period in which the results of the investigation shall be documented. The superintendent or designee may grant in writing an extension of the time period
for the investigation and documentation of reports for up to an additional 7 school days, if necessary. The superintendent or superintendent's designee shall notify in writing all parties involved of the granting of an extension.

(k) A requirement that the principal or designee develop a response to remediate any substantiated incident of bullying or cyberbullying, including imposing discipline if appropriate, to reduce the risk of future incidents and, where deemed appropriate, to offer assistance to the victim or perpetrator. When indicated, the principal or designee shall recommend a strategy for protecting all pupils from
retaliation of any kind.

(l) A requirement that the principal or designee report all substantiated incidents of bullying or cyberbullying to the superintendent or designee.

(m) A written procedure for communication with the parent or parents or guardian of victims and perpetrators regarding the school's remedies and assistance, within the boundaries of applicable state and federal law. This communication shall occur within 10 school days of completion of the investigation.

(n) Identification, by job title, of school officials responsible for ensuring that the policy is implemented.

III. The department of education may develop a model policy in accordance with the requirements set forth in this chapter which may be used by schools, school districts, and chartered public schools as a basis for adopting a local policy.

IV. A school board or board of trustees of a chartered public school shall, to the greatest extent practicable, involve pupils, parents, administrators, school staff, school volunteers, community representatives, and local law enforcement agencies in the process of developing the policy. The policy shall be adopted by all public schools within the school district and, to the extent possible, the policy should be integrated with the school's curriculum, discipline policies, behavior programs, and other violence prevention efforts.

2023 New Hampshire Revised Statutes

Title LXII - Criminal Code

Chapter 644 - Breaches of the Peace and Related Offenses

Section 644:4 - Harassment.

Universal Citation: NH Rev Stat § 644:4 (2023)

644:4 Harassment. –

I. A person is guilty of a misdemeanor, and subject to prosecution in the jurisdiction where the communication originated or was received, if such person:
(a) Makes a telephone call, whether or not a conversation ensues, with no legitimate communicative purpose or without disclosing his or her identity and with a purpose to annoy, abuse, threaten, or alarm another; or

(b) Makes repeated communications at extremely inconvenient hours or in offensively coarse language with a purpose to annoy or alarm another; or

(c) Insults, taunts, or challenges another in a manner likely to provoke a violent or
disorderly response; or
(d) Knowingly communicates any matter of a character tending to incite murder, assault, or arson; or

(e) With the purpose to annoy or alarm another, communicates any matter containing any threat to kidnap any person or to commit a violation of RSA 633:4; or a threat to the life or safety of another.
(f) [Repealed.]

II. As used in paragraph I, "communicates" means to impart a message by any method of transmission, including but not limited to telephoning or personally delivering or sending or having delivered any information or material by written or printed note or
letter, package, mail, courier service or electronic transmission, including electronic transmissions generated or communicated via a computer. For purposes of this section, "computer" means a programmable, electronic device capable of accepting and
processing data.

III. [Repealed.]
IV. A person shall be guilty of a class B felony if the person violates RSA 644:4, I(a) under circumstances involving making telephone calls to a telephone number that he or she knows is being used, at the time of the calls, to facilitate the transportation of voters
to polling places or otherwise to support voting or registering to vote.

2023 New Hampshire Revised Statutes

Title LXII - Criminal Code

Chapter 633 - Interference With Freedom

Section 633:3-a - Stalking.

Universal Citation: NH Rev Stat § 633:3-a (2023)
633:3-a Stalking. –
I. A person commits the offense of stalking if such person:

(a) Purposely, knowingly, or recklessly engages in a course of conduct targeted at a specific person which would cause a reasonable person to fear for his or her personal safety or the safety of a member of that person's immediate family, and the person is actually placed in such fear;
(b) Purposely or knowingly engages in a course of conduct targeted at a specific individual, which the actor knows will place that individual in fear for his or her personal safety or the safety of a member of that individual's immediate family; or

(c) After being served with, or otherwise provided notice of, a protective order pursuant to RSA 173-B, RSA 458:16, or paragraph III-a of this section, or an order pursuant to RSA 597:2 that prohibits contact with a specific individual, purposely, knowingly, or
recklessly engages in a single act of conduct that both violates the provisions of the order and is listed in paragraph II(a).
II. As used in this section:

(a) "Course of conduct" means 2 or more acts over a period of time, however short, which evidences a continuity of purpose. A course of conduct shall not include constitutionally protected activity, nor shall it include conduct that was necessary to accomplish a legitimate purpose independent of making contact with the targeted
person. A course of conduct may include, but not be limited to, any of the following acts or a combination thereof:

(1) Threatening the safety of the targeted person or an immediate family member.
(2) Following, approaching, or confronting that person, or a member of that person's immediate family.
(3) Appearing in close proximity to, or entering the person's residence, place of employment, school, or other place where the person can be found, or the residence, place of employment or school of a member of that person's immediate family.

(4) Causing damage to the person's residence or property or that of a member of the person's immediate family.

(5) Placing an object on the person's property, either directly or through a third person, or that of an immediate family member.

(6) Causing injury to that person's pet, or to a pet belonging to a member of that person's immediate family.
(7) Any act of communication, as defined in RSA 644:4, II.
(b) "Immediate family" means father, mother, stepparent, child, stepchild, sibling, spouse, or grandparent of the targeted person, any person residing in the household of the targeted person, or any person involved in an intimate relationship with the targeted
person.

III. [Repealed.]

III-a. A person who has been the victim of stalking as defined in this section may seek relief by filing a civil petition in the district court in the district where the plaintiff or defendant resides. Upon a showing of stalking by a preponderance of the evidence, the
court shall grant such relief as is necessary to bring about a cessation of stalking. The types of relief that may be granted, the procedures and burdens of proof to be applied in such proceedings, the methods of notice, service, and enforcement of such orders, and
the penalties for violation thereof shall be the same as those set forth in RSA 173-B.

III-b. The minority of a plaintiff or defendant shall not preclude the court from issuing protective orders under this section.
III-c. Any order under this section shall be for a fixed period of time not to exceed one year, but may be extended by order of the court upon a motion by the plaintiff, showing good cause, with notice to the defendant, for one year after the expiration of the first
order and thereafter each extension may be for up to 5 years, upon the request of the plaintiff and at the discretion of the court. The court shall review the order, and each renewal thereof and shall grant such relief as may be necessary to provide for the
safety and well-being of the plaintiff. A defendant shall have the right to a hearing on the extension of any order under this paragraph to be held within 30 days of the extension.
The court shall state in writing, at the respondent's request, its reason or reasons for granting the extension. The court shall retain jurisdiction to enforce and collect the financial support obligation which accrued prior to the expiration of the protective order.

III-d. (a) A protective order issued pursuant to this section, RSA 173-B:4, or RSA 173-B:5 shall not be construed to prohibit an attorney, or any person acting on the attorney's behalf, who is representing the defendant in an action brought under this chapter, or in any criminal proceeding concerning the abuse alleged under this chapter,
from contacting the plaintiff for a legitimate purpose within the scope of the civil or criminal proceeding; provided, that the attorney or person acting on behalf of the attorney: identifies himself or herself as a representative of the defendant; acknowledges the existence of the protective order and informs the plaintiff that he or
she has no obligation to speak; terminates contact with the plaintiff if the plaintiff expresses an unwillingness to talk; and ensures that any personal contact with the plaintiff occurs outside of the defendant's presence, unless the court has modified the protective order to permit such contact.
(b) A no-contact provision in a protective order issued pursuant to this section shall not be construed to:

(1) Prevent contact between counsel for represented parties; or

(2) Prevent a party from appearing at a scheduled court or administrative hearing; or

(3) Prevent a defendant or defendant's counsel from sending the plaintiff copies of any legal pleadings filed in court relating to the domestic violence petition or related civil or criminal matters.

(c) A violation of this paragraph may result in a finding of contempt of court.
IV. In any complaint, information, or indictment brought for the enforcement of any provision of this statute, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained herein and the burden of proof of any exception, excuse, proviso, or exemption shall be upon the defendant.

V. Any law enforcement officer may arrest, without a warrant, any person that the officer has probable cause to believe has violated the provisions of this section when the offense occurred within 12 hours, regardless of whether the crime occurred in the presence of the officer. A law enforcement officer shall arrest a person when he has
probable cause to believe a violation of the provisions of this section has occurred within the last 12 hours when the offense involves a violation of a protective order issued pursuant to RSA 173-B, RSA 458:16, or paragraph III-a of this section.

VI. (a) Any person convicted of a violation of this section and who has one or more prior stalking convictions in this state or another state when the second or subsequent offense occurs within 7 years following the date of the first or prior offense shall be guilty
of a class B felony.
(b) In all other cases, any person who is convicted of a violation of this section shall be guilty of a class A misdemeanor.

VII. If any provision or application of this section or the application thereof to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provisions or applications, and to this end the provisions of this section are severable.
VIII. (a) Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "stalking-domestic violence."
(b) In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction recorded as "stalking-domestic violence" under this paragraph. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph and no fine imposed under this paragraph shall be subject to an additional penalty assessment. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. The clerk shall forward all fines collected under this paragraph to the
department of health and human services for the purposes of RSA 173-B:15. The provisions of RSA 618:8 and RSA 618:9 shall not apply to a fine imposed under this paragraph.

 

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

New Jersey Statutes Title 2C. The New Jersey Code of
Criminal Justice 2C § 12-10

a. As used in this act:
(1) “Course of conduct” means repeatedly maintaining a visual or physical proximity to a person; directly, indirectly, or through third parties, by any action, method, device, or means, following, monitoring, observing, surveilling, threatening, or communicating to or about, a person, or interfering with a person's property; repeatedly committing harassment against a person; or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or toward a person.
(2) “Repeatedly” means on two or more occasions.
(3) “Emotional distress” means significant mental suffering or distress.
(4) “Cause a reasonable person to fear” means to cause fear which a reasonable victim, similarly situated, would have under the circumstances.
b. A person is guilty of stalking, a crime of the fourth degree, if he purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress.
c. A person is guilty of a crime of the third degree if he commits the crime of stalking in violation of an existing court order prohibiting the behavior.
d. A person who commits a second or subsequent offense of stalking against the same victim is guilty of a crime of the third degree.

e. A person is guilty of a crime of the third degree if he commits the crime of stalking while serving a term of imprisonment or while on parole or probation as the result of a conviction for any indictable offense under the laws of this State, any other state or the
United States.
f. This act shall not apply to conduct which occurs during organized group picketing.

New Jersey Statutes Title 2C. The New Jersey Code of
Criminal Justice 2C § 21-17
Impersonation; Theft of identity; crime.

a. A person is guilty of a crime if the person engages in one or more of the following actions by any means including, but not limited to, the use of electronic communications or an Internet website:
(1) Impersonates another or assumes a false identity and does an act in such assumed character or false identity for the purpose of obtaining a benefit for himself or another or to injure or defraud another;
(2) Pretends to be a representative of some person or organization and does an act in such pretended capacity for the purpose of obtaining a benefit for himself or another or to injure or defraud another;
(3) Impersonates another, assumes a false identity or makes a false or misleading statement regarding the identity of any person, in an oral or written application for services, for the purpose of obtaining services;
(4) Obtains any personal identifying information pertaining to another person and uses that information, or assists another person in using the information, in order to assume the identity of or represent himself as another person, without that person's authorization and with the purpose to fraudulently obtain or attempt to obtain a benefit
or services, or avoid the payment of debt or other legal obligation or avoid prosecution for a crime by using the name of the other person; or
(5) Impersonates another, assumes a false identity or makes a false or misleading statement, in the course of making an oral or written application for services, with the purpose of avoiding payment for prior services. Purpose to avoid payment for prior services may be presumed upon proof that the person has not made full payment for prior services and has impersonated another, assumed a false identity or made a false or misleading statement regarding the identity of any person in the course of making oral or written application for services. As used in this section: “Benefit” means, but is not limited to, any property, any pecuniary amount, any services, any pecuniary amount sought to be avoided or any injury or harm perpetrated on
another where there is no pecuniary value.
b. (Deleted by amendment, P.L.2005, c. 224).
c. A person who violates subsection a. of this section is guilty of a crime as follows:
(1) If the actor obtains a benefit or deprives another of a benefit in an amount less than $500 and the offense involves the identity of one victim, the actor shall be guilty of a crime of the fourth degree except that a second or subsequent conviction for such an offense constitutes a crime of the third degree; or
(2) If the actor obtains a benefit or deprives another of a benefit in an amount of at least $500 but less than $75,000, or the offense involves the identity of at least two but less than five victims, the actor shall be guilty of a crime of the third degree; or

(3) If the actor obtains a benefit or deprives another of a benefit in the amount of $75,000 or more, or the offense involves the identity of five or more victims, the actor shall be guilty of a crime of the second degree.
d. A violation of N.J.S.2C:28-7, constituting a disorderly persons offense, section 1 of P.L.1979, c. 264 (C.2C:33-15), section 64 of P.L.2021, c. 16 (C.2C:35-10d),R.S.33:1-81 or
section 6 of P.L.1968, c. 313 (C.33:1-81.7) in a case where the person uses the personal identifying information of another to illegally purchase an alcoholic beverage or for using the personal identifying information of another to misrepresent the person's age
for the purpose of obtaining tobacco, any cannabis item, or other consumer product denied to persons under 21 years of age shall not constitute an offense under this section if the actor received only that benefit or service and did not perpetrate or attempt to perpetrate any additional injury or fraud on another.
e. The sentencing court shall issue such orders as are necessary to correct any public record or government document that contains false information as a result of a theft of identity. The sentencing court may provide restitution to the victim in accordance with the provisions of section 4 of P.L.2002, c. 85 (C.2C:21-17.1).

New Jersey Statutes Title 2C. The New Jersey Code of
Criminal Justice 2C § 33-4.1

a. A person commits the crime of cyber-harassment if, while making one or more communications in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, the person:
(1) threatens to inflict injury or physical harm to any person or the property of any person;

(2) knowingly sends, posts, comments, requests, suggests, or proposes any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to
his person; or
(3) threatens to commit any crime against the person or the person's property.
b. Cyber-harassment is a crime of the fourth degree, unless the person is 21 years of age or older at the time of the offense and impersonates a minor for the purpose of cyber-harassing a minor, in which case it is a crime of the third degree.
c. If a minor under the age of 16 is adjudicated delinquent for cyber-harassment, the court may order as a condition of the sentence that the minor, accompanied by a parent or guardian, complete, in a satisfactory manner, one or both of the following:
(1) a class or training program intended to reduce the tendency toward cyber-harassment behavior; or
(2) a class or training program intended to bring awareness to the dangers associated with cyber-harassment.
d. A parent or guardian who fails to comply with a condition imposed by the court pursuant to subsection c. of this section is a disorderly person and shall be fined not more than $100 for a first offense and not more than $500 for each subsequent offense.
e. The trier of fact may infer that a person acted with a purpose to harass another if the person knows or should have known that any of the person’s actions constituting an offense under this section are knowingly directed to or are about a judicial officer, and
there is a nexus between the offense and relates to the performance of the judge’s public duties. For the purposes of this subsection, “judicial officer” has the same meaning as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1). f. In addition to any other disposition or condition imposed pursuant to this section, a parent or guardian having legal custody of a minor who demonstrates willful or wanton
disregard in the exercise of the supervision and control of the conduct of a minor adjudicated delinquent of cyber-harassment pursuant to this section may be liable in a civil action pursuant to section 4 of P.L.2021, c. 338 (C.2A:53A-17.1).

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Emerging Legislative Updates:
Bills in the New Mexico Legislature (2025 session):
House Bill 287 proposes amending § 30‐20‐12 to cover text messages and social media communications in addition to telephone calls, reflecting modern communication methods. New Mexico Legislature

A committee substitute expands the statutory language to broader electronic communications, not just telephone calls. New Mexico Legislature

These measures are currently under consideration and may update how harassment via modern technology is prosecuted.

New Mexico Statutes Chapter 30. Criminal Offenses §
30-3A-2. Harassment; penalties

A. Harassment consists of knowingly pursuing a pattern of conduct that is intended to annoy, seriously alarm or terrorize another person and that serves no lawful purpose. The conduct must be such that it would cause a reasonable person to suffer substantial
emotional distress.
B. Whoever commits harassment is guilty of a misdemeanor.

New Mexico Statutes Chapter 30. Criminal Offenses §
30-3A-3. Stalking; penalties

A. Stalking consists of knowingly pursuing a pattern of conduct, without lawful authority, directed at a specific individual when the person intends that the pattern of conduct would place the individual in reasonable apprehension of death, bodily harm,
sexual assault, confinement or restraint of the individual or another individual.
B. As used in this section:
(1) “lawful authority” means within the scope of lawful employment or constitutionally protected activity; and
(2) “pattern of conduct” means two or more acts, on more than one occasion, in which the alleged stalker by any action, method, device or means, directly, indirectly or through third parties, follows, monitors, surveils, threatens or communicates to or about a
person.
C. Whoever commits stalking is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony.
D. In addition to any punishment provided pursuant to the provisions of this section, the court shall order a person convicted of stalking to participate in and complete a program of professional counseling at the person's own expense or a domestic violence offender treatment or intervention program.

New Mexico Statutes Chapter 30. Criminal Offenses §
30-20-12. Use of telephone to terrify, intimidate, threaten,
harass, annoy or offend; penalty

A. It shall be unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to telephone another and use any obscene, lewd or profane language or suggest any lewd, criminal or lascivious act, or threaten to inflict injury or physical harm to the person or property of any person. It shall also be unlawful for any person to attempt by telephone to extort money or other thing of value from any other person, or to otherwise disturb by repeated anonymous telephone calls the peace, quiet or right of privacy of any other person at the place where the telephone call or calls were received, or to maliciously make a telephone call, whether or not conversation ensues, with intent to annoy or disturb another, or to disrupt the telecommunications of another.
B. The use of obscene, lewd or profane language or the making of a threat or statement as set forth in Subsection A shall be prima facie evidence of intent to terrify, intimidate, threaten, harass, annoy or offend.
C. Any offense committed by use of a telephone as set forth in this section shall be deemed to have been committed at either the place where the telephone call or calls originated or at the place where the telephone call or calls were received.
D. Whosoever violates this section is guilty of a misdemeanor, unless such person has previously been convicted of such offense or of an offense under the laws of another state or of the United States which would have been an offense under this section if committed in this state, in which case such person is guilty of a fourth degree felony.

New Mexico Statutes Chapter 30. Criminal Offenses §
30-37A-1. Unauthorized distribution of sensitive images;
penalties

A. Unauthorized distribution of sensitive images consists of distributing, publishing or otherwise making available, by an electronic communications device or other means, sensitive images of a person, with or without information identifying that person,
without that person's consent:
(1) with the intent to:
(a) harass, humiliate or intimidate that person;

(b) incite another to harass, humiliate or intimidate that person;
(c) cause that person to reasonably fear for that person's own or family members' safety;
(d) cause that person to suffer unwanted physical contact or injury; or
(e) cause that person to suffer substantial emotional distress; and
(2) where the conduct is such that it would cause a reasonable person to suffer substantial emotional distress.
B. For the purpose of this section:
(1) “electronic communications device” means a computer, an internet web site or page, a video recorder, a digital camera, a fax machine, a telephone, a cellular telephone, a pager or any other device that can produce an electronically generated image, message
or signal;
(2) “information service” means a service offering the capability of generating, acquiring, storing, transforming, processing, publishing, retrieving, utilizing or making available information;
(3) “interactive computer service” means any information service, system or access software provider that provides or enables computer access by multiple users;
(4) “intimate act” has the same meaning as “sexual act”, as that term is defined in Section 30-9-2 NMSA 1978;
(5) “sensitive images” means images, photographs, videos or other likenesses depicting or simulating an intimate act or depicting any portion of a person's genitals, or of a woman's breast below the top of the areola, that is either uncovered or visible through less-than-fully opaque clothing, which images may reasonably be considered to be private, intimate or inappropriate for distribution or publication without that person's consent; and
(6) “telecommunications provider” has the same meaning as set forth in Section 63-7-23 NMSA 1978.
C. Whoever commits unauthorized distribution of sensitive images is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony.
D. Nothing in this section shall be construed to impose liability on:
(1) an interactive computer service, an information service or a telecommunications provider for content provided by another person; or
(2) a person who reproduces, distributes, exhibits, publishes, transmits or otherwise disseminates content in furtherance of a legitimate public purpose, including the compilation or dissemination of news by newspapers and licensed broadcasters.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

§ 120.45 Stalking in the fourth degree

A person is guilty of stalking in the fourth degree when he or she intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct: 1. is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person's immediate family or a third party with whom such person is acquainted; or 2. causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person's immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct; or 3. is likely to cause such person to reasonably fear that his or her employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person's place of employment or business, and the actor was previously clearly informed to cease that conduct. For the purposes of subdivision two of this section, "following" shall include the unauthorized tracking of such person's movements or location through the use of a global positioning system or other device. Stalking in the fourth degree is a class B misdemeanor.

§ 120.50 Stalking in the third degree

A person is guilty of stalking in the third degree when he or she: 1. Commits the crime of stalking in the fourth degree in violation of section 120.45 of this article against three or more persons, in three or more separate transactions, for which the actor has not been previously convicted; or 2. Commits the crime of stalking in the fourth degree in violation of section 120.45 of this article against any person, and has previously been convicted, within the preceding ten years of a specified predicate crime, as defined in subdivision five of section 120.40 of this article, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or 3. With intent to harass, annoy or alarm a specific person, intentionally engages in a course of conduct directed at such person which is likely to cause such person to reasonably fear physical injury or serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of such person or a member of such person's immediate family; or 4. Commits the crime of stalking in the fourth degree and has previously been convicted within the preceding ten years of stalking in the fourth degree. Stalking in the third degree is a class A misdemeanor.

§ 120.55 Stalking in the second degree

A person is guilty of stalking in the second degree when he or she: 1. Commits the crime of stalking in the third degree as defined in subdivision three of section 120.50 of this article and in the course of and in furtherance of the commission of such offense: (i) displays, or possesses and threatens the use of, a firearm, pistol, revolver, rifle, shotgun, machine gun, electronic dart gun, electronic stun gun, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, slingshot, slungshot, shuriken, throwing star, dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, dangerous instrument, deadly instrument or deadly weapon; or (ii) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or 2. Commits the crime of stalking in the third degree in violation of subdivision three of section 120.50 of this article against any person, and has previously been convicted, within the preceding five years, of a specified predicate crime as defined in subdivision five of section 120.40 of this article, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or 3. Commits the crime of stalking in the fourth degree and has previously been convicted of stalking in the third degree as defined in subdivision four of section 120.50 of this article against any person; or 4. Being twenty-one years of age or older, repeatedly follows a person under the age of fourteen or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place such person who is under the age of fourteen in reasonable fear of physical injury, serious physical injury or death; or 5. Commits the crime of stalking in the third degree, as defined in subdivision three of section 120.50 of this article, against ten or more persons, in ten or more separate transactions, for which the actor has not been previously convicted. Stalking in the second degree is a class E felony.

§ 240.31 Aggravated harassment in the first degree.

A person is guilty of aggravated harassment in the first degree when with intent to harass, annoy, threaten or alarm another person, because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct, he or she: 1. Damages premises primarily used for religious purposes, or acquired pursuant to section six of the religious corporation law and maintained for purposes of religious instruction, and the damage to the premises exceeds fifty dollars; or 2. Commits the crime of aggravated harassment in the second degree in the manner proscribed by the provisions of subdivision three of section 240.30 of this article and has been previously convicted of the crime of aggravated harassment in the second degree for the commission of conduct proscribed by the provisions of subdivision three of section 240.30 or he or she has been previously convicted of the crime of aggravated harassment in the first degree within the preceding ten years; or 3. Etches, paints, draws upon or otherwise places a swastika, commonly exhibited as the emblem of Nazi Germany, on any building or other real property, public or private, owned by any person, firm or corporation or any public agency or instrumentality, without express permission of the owner or operator of such building or real property; 4. Sets on fire a cross in public view; or 5. Etches, paints, draws upon or otherwise places or displays a noose, commonly exhibited as a symbol of racism and intimidation, on any building or other real property, public or private, owned by any person, firm or corporation or any public agency or instrumentality, without express permission of the owner or operator of such building or real property. Aggravated harassment in the first degree is a class E felony

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

North Carolina General Statutes Chapter 14. Criminal
Law § 14-277.3A. Stalking

(a) Legislative Intent.--The General Assembly finds that stalking is a serious problem in
this State and nationwide. Stalking involves severe intrusions on the victim's personal privacy and autonomy. It is a crime that causes a long-lasting impact on the victim's quality of life and creates risks to the security and safety of the victim and others, even
in the absence of express threats of physical harm. Stalking conduct often becomes increasingly violent over time.
The General Assembly recognizes the dangerous nature of stalking as well as the strong connections between stalking and domestic violence and between stalking and sexual assault. Therefore, the General Assembly enacts this law to encourage effective
intervention by the criminal justice system before stalking escalates into behavior that has serious or lethal consequences. The General Assembly intends to enact a stalking statute that permits the criminal justice system to hold stalkers accountable for a wide
range of acts, communications, and conduct. The General Assembly recognizes that stalking includes, but is not limited to, a pattern of following, observing, or monitoring the victim, or committing violent or intimidating acts against the victim, regardless of
the means.
(b) Definitions.--The following definitions apply in this section:
(1) Course of conduct.--Two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, is in the presence of, or follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.
(2) Harasses or harassment.--Knowing conduct, including written or printed communication or transmission, telephone, cellular, or other wireless telephonic communication, facsimile transmission, pager messages or transmissions, answering machine or voice mail messages or transmissions, and electronic mail messages or
other computerized or electronic transmissions directed at a specific person that torments, terrorizes, or terrifies that person and that serves no legitimate purpose.
(3) Reasonable person.--A reasonable person in the victim's circumstances.
(4) Substantial emotional distress.--Significant mental suffering or distress that may, but
does not necessarily, require medical or other professional treatment or counseling.
(c) Offense.--A defendant is guilty of stalking if the defendant willfully on more than one occasion harasses another person without legal purpose or willfully engages in a course of conduct directed at a specific person without legal purpose and the defendant
knows or should know that the harassment or the course of conduct would cause a reasonable person to do any of the following:
(1) Fear for the person's safety or the safety of the person's immediate family or close personal associates.
(2) Suffer substantial emotional distress by placing that person in fear of death, bodily injury, or continued harassment.
(d) Classification.--A violation of this section is a Class A1 misdemeanor. A defendant convicted of a Class A1 misdemeanor under this section, who is sentenced to a
community punishment, shall be placed on supervised probation in addition to any other punishment imposed by the court. A defendant who commits the offense of stalking after having been previously convicted of a stalking offense is guilty of a Class F felony.
A defendant who commits the offense of stalking when there is a court order in effect prohibiting the conduct described under this section by the defendant against the victim
is guilty of a Class H felony.

(e) Jurisdiction.--Pursuant to G.S. 15A-134, if any part of the offense occurred within North Carolina, including the defendant's course of conduct or the effect on the victim, then the defendant may be prosecuted in this State.

North Carolina General Statutes Chapter 14. Criminal
Law § 14-196.3. Cyberstalking

(a) The following definitions apply in this section:
(1) Electronic communication.--Any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature, transmitted in whole or in part by a wire, radio,
computer, electromagnetic, photoelectric, or photo-optical system.
(2) Electronic mail.--The transmission of information or communication by the use of the Internet, a computer, a facsimile machine, a pager, a cellular telephone, a video
recorder, or other electronic means sent to a person identified by a unique address or address number and received by that person.
(3) Electronic tracking device.--An electronic or mechanical device that permits a person
to remotely determine or track the position and movement of another person.
(4) Fleet vehicle.--Any of the following: (i) one or more motor vehicles owned by a single entity and operated by employees or agents of the entity for business or government
purposes, (ii) motor vehicles held for lease or rental to the general public, or (iii) motor vehicles held for sale, or used as demonstrators, test vehicles, or loaner vehicles, by motor vehicle dealers.
(b) It is unlawful for a person to:
(1) Use in electronic mail or electronic communication any words or language threatening to inflict bodily harm to any person or to that person's child, sibling, spouse, or dependent, or physical injury to the property of any person, or for the purpose of
extorting money or other things of value from any person.
(2) Electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of abusing, annoying, threatening, terrifying, harassing, or embarrassing any person.
(3) Electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or
criminal conduct of the person electronically mailed or of any member of the person's family or household with the intent to abuse, annoy, threaten, terrify, harass, or embarrass.
(4) Knowingly permit an electronic communication device under the person's control to be used for any purpose prohibited by this section.
(5) Knowingly install, place, or use an electronic tracking device without consent, or cause an electronic tracking device to be installed, placed, or used without consent, to track the location of any person. The provisions of this subdivision do not apply to the
installation, placement, or use of an electronic tracking device by any of the following:
a. A law enforcement officer, judicial officer, probation or parole officer, or employee of the Division of Prisons of the Department of Adult Correction, when any such person is engaged in the lawful performance of official duties and in accordance with State or
federal law.
b. The owner or lessee of any vehicle on which the owner or lessee installs, places, or
uses an electronic tracking device, unless the owner or lessee is subject to (i) a
domestic violence protective order under Chapter 50B of the General Statutes or (ii) any court order that orders the owner or lessee not to assault, threaten, harass, follow, or
contact a driver or occupant of the vehicle.
c. A legal guardian for a disabled adult, as defined in G.S. 108A-101(d), or a legally authorized individual or organization designated to provide protective services to a disabled adult pursuant to G.S. 108A-105(c), when the electronic tracking device is
installed, placed, or used to track the location of the disabled adult for which the person is a legal guardian or the individual or organization is designated to provide protective
services.
d. The owner of fleet vehicles, when tracking such vehicles.
e. A creditor or other secured party under a retail installment agreement involving the sale of a motor vehicle or the lessor under a retail lease of a motor vehicle, and any assignee or successor in interest to that creditor, secured party, or lessor, when tracking
a motor vehicle identified as security under the retail installment sales agreement or leased pursuant to a retail lease agreement, including the installation, placement, or use
of an electronic tracking device to locate and remotely disable the motor vehicle, with the express written consent of the purchaser, borrower, or lessee of the motor vehicle.
f. The installation, placement, or use of an electronic tracking device authorized by an order of a State or federal court.
g. A motor vehicle manufacturer, its subsidiary, or its affiliate that installs or uses an electronic tracking device in conjunction with providing a vehicle subscription telematics service, provided that the customer subscribes or consents to that service.
h. A parent or legal guardian of a minor when the electronic tracking device is installed, placed, or used to track the location of that minor unless the parent or legal guardian is subject to a domestic violence protective order under Chapter 50B of the GeneralStatutes or any court order that orders the parent or legal guardian not to assault,
threaten, harass, follow, or contact that minor or that minor's parent, legal guardian, custodian, or caretaker as defined in G.S. 7B-101.
i. An employer, when providing a communication device to an employee or contractor for use in connection with his or her work for the employer.
j. A business, if the tracking is incident to the provision of a product or service requested
by the person, except as limited in sub-subdivision k. of this subdivision.
k. A private detective or private investigator licensed under Chapter 74C of the General
Statutes, provided that (i) the tracking is pursuant to authority under G.S. 74C-3(a)(8), (ii)
the tracking is not otherwise contrary to law, and (iii) the person being tracked is not under the protection of a domestic violence protective order under Chapter 50B of the
General Statutes or any other court order that protects against assault, threat, harassment, following, or contact.
(c) Any offense under this section committed by the use of electronic mail or electronic communication may be deemed to have been committed where the electronic mail or
electronic communication was originally sent, originally received in this State, or first viewed by any person in this State.
(d) Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.
(e) This section does not apply to any peaceable, nonviolent, or nonthreatening activity intended to express political views or to provide lawful information to others. This section shall not be construed to impair any constitutionally protected activity, including
speech, protest, or assembly.

North Carolina General Statutes Chapter 14. Criminal Law
§ 14-458.1. Cyber-bullying; penalty

(a) Except as otherwise made unlawful by this Article, it shall be unlawful for any person to use a computer or computer network to do any of the following:
(1) With the intent to intimidate or torment a minor:
a. Build a fake profile or Web site;
b. Pose as a minor in:
1. An Internet chat room;
2. An electronic mail message; or
3. An instant message;
c. Follow a minor online or into an Internet chat room; or
d. Post or encourage others to post on the Internet private, personal, or sexual information pertaining to a minor.

(2) With the intent to intimidate or torment a minor or the minor's parent or guardian:
a. Post a real or doctored image of a minor on the Internet;
b. Access, alter, or erase any computer network, computer data, computer program, or computer software, including breaking into a password protected account or stealing or otherwise accessing passwords; or
c. Use a computer system for repeated, continuing, or sustained electronic communications, including electronic mail or other transmissions, to a minor.

(3) Make any statement, whether true or false, intending to immediately provoke, and
that is likely to provoke, any third party to stalk or harass a minor.

(4) Copy and disseminate, or cause to be made, an unauthorized copy of any data pertaining to a minor for the purpose of intimidating or tormenting that minor (in any form, including, but not limited to, any printed or electronic form of computer data,
computer programs, or computer software residing in, communicated by, or produced by a computer or computer network).

(5) Sign up a minor for a pornographic Internet site with the intent to intimidate or torment the minor.

(6) Without authorization of the minor or the minor's parent or guardian, sign up a minor
for electronic mailing lists or to receive junk electronic messages and instant messages, with the intent to intimidate or torment the minor.
(b) Any person who violates this section shall be guilty of cyber-bullying, which offense shall be punishable as a Class 1 misdemeanor if the defendant is 18 years of age or older at the time the offense is committed. If the defendant is under the age of 18 at the
time the offense is committed, the offense shall be punishable as a Class 2 misdemeanor.
(c) Whenever any person pleads guilty to or is guilty of an offense under this section, and the offense was committed before the person attained the age of 18 years, the court may, without entering a judgment of guilt and with the consent of the defendant,
defer further proceedings and place the defendant on probation upon such reasonable terms and conditions as the court may require. Upon fulfillment of the terms and conditions of the probation provided for in this subsection, the court shall discharge the defendant and dismiss the proceedings against the defendant. Discharge and dismissal
under this subsection shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Upon discharge and dismissal
pursuant to this subsection, the person may apply for an order to expunge the complete record of the proceedings resulting in the dismissal and discharge, pursuant to the procedures and requirements set forth in G.S. 15A-146.

 

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

North Dakota Century Code Title 12.1. Criminal Code § 12.1-17-07. Harassment

1. A person is guilty of an offense if, with intent to frighten or harass another, the
person:
a. Communicates in writing or by electronic communication a threat to inflict injury on any person, to any person's reputation, or to any property;
b. Makes a telephone call anonymously or in offensively coarse language;
c. Makes repeated telephone calls or other electronic communication, whether or not a conversation ensues, with no purpose of legitimate communication; or
d. Communicates a falsehood in writing or by electronic communication and causes mental anguish.
2. The offense is a class A misdemeanor if it is under subdivision a of subsection 1 or subsection 4. Otherwise it is a class B misdemeanor.
3. Any offense defined herein and committed by use of electronic communication may be deemed to have been committed at either the place at which the electronic communication was made or at the place where the electronic communication was received.
4. A person is guilty of an offense if the person initiates communication with a 911 emergency line, public safety answering point, or an emergency responder communication system with the intent to annoy or harass another person or a public
safety agency or who makes a false report to a public safety agency.
a. Intent to annoy or harass is established by proof of one or more calls with no legitimate emergency purpose.

b. Upon conviction of a violation of this subsection, a person is also liable for all costs incurred by any unnecessary emergency response.
5. Any offense defined herein is deemed communicated in writing if it is transmitted electronically, by electronic mail, facsimile, or other similar means. Electronic communication means transfer of signs, signals, writing, images, sounds, data, or
intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic, or photo-optical system.

North Dakota Century Code Title 12.1. Criminal Code

§ 12.1-17-07.1. Stalking

1. As used in this section:
a. “Course of conduct” means a pattern of conduct consisting of two or more acts evidencing a continuity of purpose. The term does not include constitutionally protected activity.
b. “Immediate family” means a spouse, parent, child, or sibling. The term also includes any other individual who regularly resides in the household or who within the prior six months regularly resided in the household.
c. “Stalk” means:
(1) To engage in an intentional course of conduct directed at a specific person which frightens, intimidates, or harasses that person and which serves no legitimate purpose. The course of conduct may be directed toward that person or a member of that person's
immediate family and must cause a reasonable person to experience fear, intimidation, or harassment; or

(2) The unauthorized tracking of the person's movements or location through the use of a global positioning system or other electronic means that would cause a reasonable person to be frightened, intimidated, or harassed and which serves no legitimate
purpose.
2. A person may not intentionally stalk another person.
3. In any prosecution under this section, it is not a defense that the actor was not given actual notice that the person did not want the actor to contact or follow the person; nor is it a defense that the actor did not intend to frighten, intimidate, or harass the person.
An attempt to contact or follow a person after being given actual notice that the person does not want to be contacted or followed is prima facie evidence that the actor intends to stalk that person.
4. In any prosecution under this section, it is a defense that a private investigator licensed under chapter 43-30 or a peace officer licensed under chapter 12-63 was acting within the scope of employment.
5. If a person claims to have been engaged in a constitutionally protected activity, the court shall determine the validity of the claim as a matter of law and, if found valid, shall exclude evidence of the activity.
6. a. A person who violates this section is guilty of a class C felony if:
(1) The person previously has been convicted of violating section 12.1-17-01, 12.1-17-01.1, 12.1-17-01.2, 12.1-17-02, 12.1-17-04, 12.1-17-05, or 12.1-17-07, or a similar offense from another court in North Dakota, a court of record in the United States, or a tribal court, involving the victim of the stalking;
(2) The stalking violates a court order issued under chapter 14-07.1 protecting the victim of the stalking, if the person had notice of the court order; or

(3) The person previously has been convicted of violating this section.
b. If subdivision a does not apply, a person who violates this section is guilty of a class A misdemeanor.

North Dakota Century Code Title 12.1. Criminal Code §
12.1-17-07.2. Distribution of intimate images without or
against consent--Penalty

1. As used in this section:
a. “Distribute” means selling, exhibiting, displaying, wholesaling, retailing, providing, giving, granting admission to, providing access to, or otherwise transferring or presenting an image to another individual, with or without consideration.
b. “Hosting company” means a person that provides services or facilities for storing or distributing content over the internet without editorial or creative alteration of the content.
c. “Intimate image” means any visual depiction, photograph, film, video, recording, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, that depicts:
(1) Exposed human male or female genitals or pubic area, with less than an opaque covering;
(2) A female breast with less than an opaque covering, or any portion of the female breast below the top of the areola; or
(3) The individual engaged in any sexually explicit conduct.

d. “Service provider” means an internet service provider, including a person who leases or rents a wire or cable for the transmission of data.
e. “Sexually explicit conduct” means actual or simulated:
(1) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(2) Masturbation;
(3) Bestiality;
(4) Sadistic or masochistic activities;
(5) Exhibition of the genitals, pubic region, buttocks, or female breast of any individual;
(6) Visual depiction of nudity or partial nudity;
(7) Fondling or touching of the genitals, pubic region, buttocks, or female breast; or
(8) Explicit representation of the defecation or urination functions.
f. “Simulated sexually explicit conduct” means a feigned or pretended act of sexually explicit conduct that duplicates, within the perception of an average person, the appearance of an actual act of sexually explicit conduct.
2. A person commits the offense of distribution of intimate images if the person knowingly or intentionally distributes to any third party any intimate image of an individual eighteen years of age or older, if:
a. The person knows that the depicted individual has not given consent to the person to distribute the intimate image;

b. The intimate image was created by or provided to the person under circumstances in which the individual has a reasonable expectation of privacy; and
c. Actual emotional distress or harm is caused to the individual as a result of the distribution under this section.
3. This section does not apply to:
a. Lawful practices of law enforcement agencies;
b. Prosecutorial agency functions;
c. The reporting of a criminal offense;
d. Court proceedings or any other judicial proceeding;
e. Lawful and generally accepted medical practices and procedures;
f. An intimate image if the individual portrayed in the image voluntarily allows public exposure of the image; or
g. An intimate image that is portrayed in a lawful commercial setting.
4. This section also does not apply to:
a. An internet service provider or interactive computer service, as defined in 47 U.S.C. 230(f)(2);
b. A provider of an electronic communications service, as defined in 18 U.S.C. 2510;
c. A telecommunications service, information service, or mobile service, as defined in
47 U.S.C. 153, including a commercial mobile service, as defined in 47 U.S.C. 332(d);
d. A cable operator, as defined in 47 U.S.C. 552, if:

(1) The distribution of an intimate image by the cable operator occurs only incidentally through the operator's function of:
(a) Transmitting or routing data from one person to another person; or
(b) Providing a connection between one person and another person;
(2) The operator does not intentionally aid or abet in the distribution of the intimate image; and
(3) The operator does not knowingly receive from or through a person who distributes the intimate image a fee greater than the fee generally charged by the operator, as a specific condition for permitting the person to distribute the intimate image; or
e. A hosting company, if:
(1) The distribution of an intimate image by the hosting company occurs only incidentally through the hosting company's function of providing data storage space or data caching to a person;
(2) The hosting company does not intentionally engage, aid, or abet in the distribution of the intimate image; and
(3) The hosting company does not knowingly receive from or through a person who distributes the intimate image a fee greater than the fee generally charged by the provider, as a specific condition for permitting the person to distribute, store, or cache the intimate image.
5. Distribution of an intimate image is a class A misdemeanor.

 

North Dakota Century Code Title 12.1. Criminal Code §
12.1-23-11. Unauthorized use of personal identifying
information--Penalty

1. As used in this section, “personal identifying information” means any of the following information:
a. An individual's name;
b. An individual's address;
c. An individual's telephone number;
d. The operator's license information assigned to an individual by the department of transportation under section 39-06-14;
e. An individual's social security number;
f. An individual's employer or place of employment;
g. An identification number assigned to the individual by the individual's employer;
h. The maiden name of the individual's mother;
i. An individual's financial institution account number, credit card number, or debit card number;
j. An individual's birth, death, or marriage certificate;
k. An individual's health insurance policy number or subscriber identification number or any unique identifier used by a health insurer to identify the individual;

l. The nondriver color photo identification card information assigned to the individual by the department of transportation under section 39-06-03.1;
m. An individual's digitized or other electronic signature;
n. An individual's photograph or computerized image;
o. An individual's electronic mail address;
p. An individual's username and password of any digital service or computer system;
q. An individual's payment card information;
r. An individual's biometric data; or
s. Any other numbers, documents, or information that can be used to access another person's financial records.
2. An individual is guilty of an offense if the individual obtains or attempts to obtain, transfers, records, or uses or attempts to use any personal identifying information of another individual, living or deceased, to obtain credit, money, goods, services, or anything else of value without the authorization or consent of the other individual. The offense is a class B felony if the credit, money, goods, services, or anything else of value exceeds one thousand dollars in value, otherwise the offense is a class C felony. A second or subsequent offense is a class A felony.
3. A person is guilty of an offense if the person uses or attempts to use any personal identifying information of an individual, living or deceased, without the authorization or consent of the individual, in order to interfere with or initiate a contract or service for a person other than that individual, to obtain or continue employment, to gain access to personal identifying information of another individual, or to commit an offense in violation of the laws of this state, regardless of whether there is any actual economic loss to the individual. A first offense under this subsection is a class A misdemeanor. A
second or subsequent offense under this subsection is a class C felony.
4. A violation of this section, of a law of another state, or of federal law that is equivalent to this section and which resulted in a plea or finding of guilt must be considered a prior offense. The prior offense must be alleged in the complaint, information, or indictment. The plea or finding of guilt for the prior offense must have occurred before the date of the commission of the offense or offenses charged in the complaint, information, or indictment.
5. A prosecution for a violation of this section must be commenced within six years after discovery by the victim of the offense of the facts constituting the violation.
6. When a person commits violations of this section in more than one county involving either one or more victims or the commission of acts constituting an element of the offense, the multiple offenses may be consolidated for commencement of prosecution in any county where one of the offenses was committed.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Aggravated Menacing - Ohio Revised Code Title XXIX.
Crimes Procedure § 2903.21

(A) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family. In addition to any other basis for the other person's belief that the offender will cause serious physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family, the other person's belief may be based on words or
conduct of the offender that are directed at or identify a corporation, association, or other organization that employs the other person or to which the other person belongs.
(B) Whoever violates this section is guilty of aggravated menacing. Except as otherwise provided in this division, aggravated menacing is a misdemeanor of the first degree. If the victim of the offense is an officer or employee of a public children services agency
or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, aggravated menacing is a felony of the fifth degree or, if the offender previously has been convicted
of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, a felony of the fourth degree.
(C) As used in this section, “organization” includes an entity that is a governmental employer.

Menacing - Ohio Revised Code Title XXIX. Crimes
Procedure § 2903.22

(A)(1) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family. In addition to any other basis for
the other person's belief that the offender will cause physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family, the other person's belief may be based on words or conduct of the offender that are directed at or identify a corporation, association, or other organization that employs the other person or to which the other person belongs.
(2) No person shall knowingly place or attempt to place another in reasonable fear of physical harm or death by displaying a deadly weapon, regardless of whether the deadly weapon displayed is operable or inoperable, if either of the following applies:
(a) The other person is an emergency service responder, the person knows or reasonably should know that the other person is an emergency service responder, and it is the person's specific purpose to engage in the specified conduct against an emergency service responder.
(b) The other person is a family or household member or co-worker of an emergency service responder, the person knows or reasonably should know that the other person is a family or household member or co-worker of an emergency service responder, and it
is the person's specific purpose to engage in the specified conduct against a family or household member or co-worker of an emergency service responder.
(B) Whoever violates this section is guilty of menacing.

Except as otherwise provided in this division, menacing is a misdemeanor of the fourth degree. If the victim of the offense is an officer or employee of a public children services
agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties or if the victim of the offense is an emergency service responder in the performance of the responder's official duties, menacing is one of the following:
(1) Except as otherwise provided in division (B)(2) of this section, a misdemeanor of the first degree;
(2) If the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency or an emergency service responder, and
that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties or to the responder's performance of the responder's official duties, a felony of the fourth degree.
(C) A prosecution for a violation of this section does not preclude a prosecution of a violation of any other section of the Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under this section or any other section of the Revised Code may be prosecuted under this section, the other section of the
Revised Code, or both sections. However, if an offender is convicted of or pleads guilty to a violation of this section and also is convicted of or pleads guilty to a violation of section 2903.13 of the Revised Code based on the same conduct involving the same victim that was the basis of the violation of this section, the two offenses are allied
offenses of similar import under section 2941.25 of the Revised Code.
(D) As used in this section:

(1) “Emergency service responder,” “family or household member,” and “co-worker” have the same meanings as in section 2903.13 of the Revised Code.
(2) “Organization” includes an entity that is a governmental employer.

Menacing By Stalking - Ohio Revised Code Title XXIX.
Crimes Procedure § 2903.211

(A)(1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or a family or household member of the other person or cause mental distress to the other person or a family or household member of the other person. In addition to any other
basis for the other person's belief that the offender will cause physical harm to the other person or the other person's family or household member or mental distress to the other person or the other person's family or household member, the other person's belief or mental distress may be based on words or conduct of the offender that are directed at or identify a corporation, association, or other organization that employs the other person or to which the other person belongs.
(2) No person, through the use of any form of written communication or any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, computer system, or telecommunication device
shall post a message or use any intentionally written or verbal graphic gesture with purpose to do either of the following:
(a) Violate division (A)(1) of this section;
(b) Urge or incite another to commit a violation of division (A)(1) of this section.
(3) No person, with a sexual motivation, shall violate division (A)(1) or (2) of this section.

(B) Whoever violates this section is guilty of menacing by stalking.
(1) Except as otherwise provided in divisions (B)(2) and (3) of this section, menacing by stalking is a misdemeanor of the first degree.
(2) Menacing by stalking is a felony of the fourth degree if any of the following applies:
(a) The offender previously has been convicted of or pleaded guilty to a violation of this section or a violation of section 2911.211 of the Revised Code.
(b) In committing the offense under division (A)(1), (2), or (3) of this section, the offender made a threat of physical harm to or against the victim, or as a result of an offense committed under division (A)(2) or (3) of this section, a third person induced by the offender's posted message made a threat of physical harm to or against the victim.
(c) In committing the offense under division (A)(1), (2), or (3) of this section, the offender trespassed on the land or premises where the victim lives, is employed, or attends school, or as a result of an offense committed under division (A)(2) or (3) of
this section, a third person induced by the offender's posted message trespassed on the land or premises where the victim lives, is employed, or attends school.
(d) The victim of the offense is a minor.
(e) The offender has a history of violence toward the victim or any other person or a history of other violent acts toward the victim or any other person.
(f) While committing the offense under division (A)(1) of this section or a violation of division (A)(3) of this section based on conduct in violation of division (A)(1) of this section, the offender had a deadly weapon on or about the offender's person or under the offender's control. Division (B)(2)(f) of this section does not apply in determining the penalty for a violation of division (A)(2) of this section or a violation of division (A)(3) of this section based on conduct in violation of division (A)(2) of this section.
(g) At the time of the commission of the offense, the offender was the subject of a protection order issued under section 2903.213 or 2903.214 of the Revised Code, regardless of whether the person to be protected under the order is the victim of the offense or another person. (h) In committing the offense under division (A)(1), (2), or (3) of this section, the offender caused serious physical harm to the premises at which the victim resides, to the real property on which that premises is located, or to any personal property located
on that premises, or, as a result of an offense committed under division (A)(2) of this section or an offense committed under division (A)(3) of this section based on a violation of division (A)(2) of this section, a third person induced by the offender's posted message caused serious physical harm to that premises, that real property, or
any personal property on that premises. (i) Prior to committing the offense, the offender had been determined to represent a
substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of
then-present dangerousness.
(3) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties,
menacing by stalking is either a felony of the fifth degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child
placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, a felony of the fourth
degree.
(C) Section 2919.271 of the Revised Code applies in relation to a defendant charged with a violation of this section.
(D) As used in this section:
(1) “Pattern of conduct” means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents, or two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents, directed at one or more persons employed by or belonging to the same corporation, association, or other organization. Actions or incidents that prevent, obstruct, or delay the performance
by a public official, firefighter, rescuer, emergency medical services person, or emergency facility person of any authorized act within the public official's, firefighter's, rescuer's, emergency medical services person's, or emergency facility person's official capacity, or the posting of messages, use of intentionally written or verbal graphic
gestures, or receipt of information or data through the use of any form of written communication or an electronic method of remotely transferring information, including, but not limited to, a computer, computer network, computer program, computer system, or telecommunications device, may constitute a “pattern of conduct.”
(2) “Mental distress” means any of the following:
(a) Any mental illness or condition that involves some temporary substantial incapacity;
(b) Any mental illness or condition that would normally require psychiatric treatment, psychological treatment, or other mental health services, whether or not any person requested or received psychiatric treatment, psychological treatment, or other mental
health services.
(3) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in section 2133.21 of the Revised Code.
(4) “Emergency facility person” is the singular of “emergency facility personnel” as defined in section 2909.04 of the Revised Code.
(5) “Public official” has the same meaning as in section 2921.01 of the Revised Code.
(6) “Computer,” “computer network,” “computer program,” “computer system,” and “telecommunications device” have the same meanings as in section 2913.01 of the Revised Code.
(7) “Post a message” means transferring, sending, posting, publishing, disseminating, or otherwise communicating, or attempting to transfer, send, post, publish, disseminate, or otherwise communicate, any message or information, whether truthful or untruthful, about an individual, and whether done under one's own name, under the name of another, or while impersonating another.
(8) “Third person” means, in relation to conduct as described in division (A)(2) of this section, an individual who is neither the offender nor the victim of the conduct.
(9) “Sexual motivation” has the same meaning as in section 2971.01 of the Revised Code.
(10) “Organization” includes an entity that is a governmental employer.
(11) “Family or household member” means any of the following:

(a) Any of the following who is residing or has resided with the person against whom
the act prohibited in division (A)(1) of this section is committed:
(i) A spouse, a person living as a spouse, or a former spouse of the person;
(ii) A parent, a foster parent, or a child of the person, or another person related by consanguinity or affinity to the person;
(iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the person, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the person.
(b) The natural parent of any child of whom the person against whom the act prohibited in division (A)(1) of this section is committed is the other natural parent or is the putative other natural parent.
(12) “Person living as a spouse” means a person who is living or has lived with the person against whom the act prohibited in division (A)(1) of this section is committed in a common law marital relationship, who otherwise is cohabiting with that person, or who otherwise has cohabited with the person within five years prior to the date of the
alleged commission of the act in question.
(E) The state does not need to prove in a prosecution under this section that a person requested or received psychiatric treatment, psychological treatment, or other mental
health services in order to show that the person was caused mental distress as described in division (D)(2)(b) of this section.
(F)(1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person's control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electronic method of remotely transferring
information not under that person's control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section.
(2) Division (F)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person's control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this
section except as otherwise provided by law.
(3) Division (F)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature.

Identity Fraud - Ohio Revised Code Title XXIX. Crimes
Procedure § 2913.49

(A) As used in this section, “personal identifying information” includes, but is not limited to, the following: the name, address, telephone number, driver's license, driver's license number, commercial driver's license, commercial driver's license number, state
identification card, state identification card number, social security card, social security number, birth certificate, place of employment, employee identification number, mother's maiden name, demand deposit account number, savings account number, money market account number, mutual fund account number, other financial account
number, personal identification number, password, or credit card number of a living or dead individual.

(B) No person, without the express or implied consent of the other person, shall use, obtain, or possess any personal identifying information of another person with intent to do either of the following:
(1) Hold the person out to be the other person;
(2) Represent the other person's personal identifying information as the person's own personal identifying information.
(C) No person shall create, obtain, possess, or use the personal identifying information of any person with the intent to aid or abet another person in violating division (B) of this section.
(D) No person, with intent to defraud, shall permit another person to use the person's own personal identifying information.
(E) No person who is permitted to use another person's personal identifying information as described in division (D) of this section shall use, obtain, or possess the other person's personal identifying information with intent to defraud any person by doing any act identified in division (B)(1) or (2) of this section.
(F)(1) It is an affirmative defense to a charge under division (B) of this section that the person using the personal identifying information is acting in accordance with a legally recognized guardianship or conservatorship or as a trustee or fiduciary.
(2) It is an affirmative defense to a charge under division (B), (C), (D), or (E) of this section that either of the following applies:
(a) The person or entity using, obtaining, possessing, or creating the personal identifying information or permitting it to be used is a law enforcement agency, authorized fraud personnel, or a representative of or attorney for a law enforcement agency or authorized fraud personnel and is using, obtaining, possessing, or creating the personal identifying information or permitting it to be used, with prior consent given as specified in this division, in a bona fide investigation, an information security evaluation, a pretext calling
evaluation, or a similar matter. The prior consent required under this division shall be given by the person whose personal identifying information is being used, obtained, possessed, or created or is being permitted to be used or, if the person whose personal identifying information is being used, obtained, possessed, or created or is being
permitted to be used is deceased, by that deceased person's executor, or a member of that deceased person's family, or that deceased person's attorney. The prior consent required under this division may be given orally or in writing by the person whose
personal identifying information is being used, obtained, possessed, or created or is being permitted to be used or that person's executor, or family member, or attorney.
(b) The personal identifying information was obtained, possessed, used, created, or permitted to be used for a lawful purpose, provided that division (F)(2)(b) of this section does not apply if the person or entity using, obtaining, possessing, or creating the personal identifying information or permitting it to be used is a law enforcement agency, authorized fraud personnel, or a representative of or attorney for a law enforcement agency or authorized fraud personnel that is using, obtaining, possessing, or creating
the personal identifying information or permitting it to be used in an investigation, an information security evaluation, a pretext calling evaluation, or similar matter.
(G) It is not a defense to a charge under this section that the person whose personal identifying information was obtained, possessed, used, created, or permitted to be used was deceased at the time of the offense.
(H)(1) If an offender commits a violation of division (B), (D), or (E) of this section and the violation occurs as part of a course of conduct involving other violations of division
(B), (D), or (E) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of division (C) of this section or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in determining the degree of the offense pursuant to division (I) of this section, may aggregate all credit, property, or services obtained or sought to be obtained by the offender and all debts or other legal obligations avoided or sought to be avoided by the
offender in the violations involved in that course of conduct. The course of conduct may involve one victim or more than one victim.
(2) If an offender commits a violation of division (C) of this section and the violation occurs as part of a course of conduct involving other violations of division (C) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of division (B), (D), or (E) of this section or section 2913.02, 2913.04, 2913.11,
2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in determining the degree of the offense pursuant to division (I) of this section, may aggregate all credit, property, or services obtained or sought to be obtained by the person aided or abetted and all debts or other legal obligations avoided or sought to be avoided by the person aided or abetted in the violations involved in that course of conduct. The course of conduct may involve one victim or more than one victim. (I)(1) Whoever violates this section is guilty of identity fraud.
(2) Except as otherwise provided in this division or division (I)(3) of this section, identity fraud is a felony of the fifth degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is one thousand
dollars or more and is less than seven thousand five hundred dollars, except as otherwise provided in division (I)(3) of this section, identity fraud is a felony of the fourth degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, except as otherwise provided in division (I)(3) of this section, identity fraud is a felony of the third degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or
course of conduct is one hundred fifty thousand dollars or more, except as otherwise provided in division (I)(3) of this section, identity fraud is a felony of the second degree.
(3) If the victim of the offense is an elderly person, disabled adult, active duty service member, or spouse of an active duty service member, a violation of this section is identity fraud against a person in a protected class. Except as otherwise provided in this division, identity fraud against a person in a protected class is a felony of the fourth degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is one thousand dollars or more and is less than seven thousand five hundred dollars, identity fraud against a person in a protected class is a felony of the third degree. If the value of the credit, property,
services, debt, or other legal obligation involved in the violation or course of conduct is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, identity fraud against a person in a protected class is a felony of the second degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is one hundred fifty thousand dollars or more, identity fraud against a person in a protected class is a felony of the first degree. If the victim of the offense is an elderly person, in addition to any other penalty imposed for the offense, the offender shall be required to pay full restitution to
the victim and to pay a fine of up to fifty thousand dollars. The clerk of court shall forward all fines collected under division (I)(3) of this section to the county department of job and family services to be used for the reporting and investigation of elder abuse, neglect, and exploitation or for the provision or arrangement of protective services
under sections 5101.61 to 5101.71 of the Revised Code.
(J) In addition to the penalties described in division (I) of this section, anyone injured in person or property by a violation of division (B), (D), or (E) of this section who is the owner of the identifying information involved in that violation has a civil action against
the offender pursuant to section 2307.60 of the Revised Code. That person may also bring a civil action to enjoin or restrain future acts that would constitute a violation of division (B), (D), or (E) of this section.

Disorderly Conduct - Ohio Revised Code Title XXIX.
Crimes Procedure § 2917.11

(A) No person shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following:
(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
(2) Making unreasonable noise or an offensively coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person;
(3) Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;
(4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;
(5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.
(B) No person, while voluntarily intoxicated, shall do either of the following:

(1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should
know is likely to have that effect on others;
(2) Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another.
(C) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft, or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of division (B) of this section.
(D) If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that person is voluntarily intoxicated for purposes of division (B) of this section.
(E)(1) Whoever violates this section is guilty of disorderly conduct.
(2) Except as otherwise provided in divisions (E)(3) and (4) of this section, disorderly conduct is a minor misdemeanor.
(3) Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies:
(a) The offender persists in disorderly conduct after reasonable warning or request to desist.
(b) The offense is committed in the vicinity of a school or in a school safety zone.
(c) The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person's duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.

(d) The offense is committed in the presence of any emergency facility person who is engaged in the person's duties in an emergency facility.
(4) If an offender previously has been convicted of or pleaded guilty to three or more violations of division (B) of this section, a violation of division (B) of this section is a misdemeanor of the fourth degree.
(F) As used in this section:
(1) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in section 2133.21 of the Revised Code.
(2) “Emergency facility person” is the singular of “emergency facility personnel” as defined in section 2909.04 of the Revised Code.
(3) “Emergency facility” has the same meaning as in section 2909.04 of the Revised Code.
(4) “Committed in the vicinity of a school” has the same meaning as in section 2925.01 of the Revised Code.

Telecommunications Harassment - Ohio Revised Code
Title XXIX. Crimes Procedure § 2917.21

(A) No person shall knowingly make or cause to be made a telecommunication, orknowingly permit a telecommunication to be made from a telecommunications device
under the person's control, to another, if the caller does any of the following:
(1) Makes the telecommunication with purpose to harass, intimidate, or abuse any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient;

(2) Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made;
(3) During the telecommunication, violates section 2903.21 of the Revised Code;
(4) Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient's family, or any other person who resides at the premises to which the
telecommunication is made owns, leases, resides, or works in, will at the time of thedestruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged;
(5) Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any persons at those premises;
(6) Knowingly makes any comment, request, suggestion, or proposal to the recipient of the telecommunication that is threatening, intimidating, menacing, coercive, or obscene with the intent to abuse, threaten, or harass the recipient;
(7) Without a lawful business purpose, knowingly interrupts the telecommunication service of any person;

(8) Without a lawful business purpose, knowingly transmits to any person, regardless of whether the telecommunication is heard in its entirety, any file, document, or other communication that prevents that person from using the person's telephone service or electronic communication device;
(9) Knowingly makes any false statement concerning the death, injury, illness, disfigurement, reputation, indecent conduct, or criminal conduct of the recipient of the telecommunication or family or household member of the recipient with purpose to abuse, threaten, intimidate, or harass the recipient;
(10) Knowingly incites another person through a telecommunication or other means to harass or participate in the harassment of a person;
(11) Knowingly alarms the recipient by making a telecommunication without a lawful purpose at an hour or hours known to be inconvenient to the recipient and in an offensive or repetitive manner.
(B)(1) No person shall make or cause to be made a telecommunication, or permit a telecommunication to be made from a telecommunications device under the person's control, with purpose to abuse, threaten, or harass another person.
(2) No person shall knowingly post a text or audio statement or an image on an internet web site or web page for the purpose of abusing, threatening, or harassing another person.
(C)(1) Whoever violates this section is guilty of telecommunications harassment.
(2) A violation of division (A)(1), (2), (3), (5), (6), (7), (8), (9), (10), or (11) or (B) of this section is a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent offense.

(3) Except as otherwise provided in division (C)(3) of this section, a violation of division
(A)(4) of this section is a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent offense. If a violation of division (A)(4) of this section results in economic harm of one thousand dollars or more but less than seven
thousand five hundred dollars, telecommunications harassment is a felony of the fifth degree. If a violation of division (A)(4) of this section results in economic harm of seven thousand five hundred dollars or more but less than one hundred fifty thousand dollars,
telecommunications harassment is a felony of the fourth degree. If a violation of division (A)(4) of this section results in economic harm of one hundred fifty thousand dollars or more, telecommunications harassment is a felony of the third degree.
(D) No cause of action may be asserted in any court of this state against any provider of a telecommunications service, interactive computer service as defined in section 230 of Title 47 of the United States Code, or information service, or against any officer,
employee, or agent of a telecommunication service, interactive computer service as defined in section 230 of Title 47 of the United States Code, or information service, for any injury, death, or loss to person or property that allegedly arises out of the provider's,
officer's, employee's, or agent's provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. A provider of a telecommunications service, interactive computer service as defined in section 230 of
Title 47 of the United States Code, or information service, or an officer, employee, or agent of a telecommunications service, interactive computer service as defined in section 230 of Title 47 of the United States Code, or information service, is immune
from any civil or criminal liability for injury, death, or loss to person or property that allegedly arises out of the provider's, officer's, employee's, or agent's provision of information, facilities, or assistance in accordance with the terms of a court order thatis issued in relation to the investigation or prosecution of an alleged violation of this section.
(E)(1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person's control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electronic method of remotely transferring information not under that person's control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that the person believes is, or will be sent, in violation of this section.
(2) Division (E)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person's control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this
section except as otherwise provided by law.
(3) Division (E)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature.
(4) A provider or user of an interactive computer service, as defined in section 230 of Title 47 of the United States Code, shall neither be treated as the publisher or speaker of any information provided by another information content provider, as defined in section 230 of Title 47 of the United States Code, nor held civilly or criminally liable for the creation or development of information provided by another information content provider, as defined in section 230 of Title 47 of the United States Code. Nothing in this division shall be construed to protect a person from liability to the extent that the person developed or created any content in violation of this section.
(F) Divisions (A)(5) to (11) and (B)(2) of this section do not apply to a person who, while employed or contracted by a newspaper, magazine, press association, news agency, news wire service, cable channel or cable operator, or radio or television station, isgathering, processing, transmitting, compiling, editing, or disseminating information for the general public within the scope of the person's employment in that capacity or the person's contractual authority in that capacity.
(G) As used in this section:
(1) “Economic harm” means all direct, incidental, and consequential pecuniary harm suffered by a victim as a result of criminal conduct. “Economic harm” includes, but is not limited to, all of the following:
(a) All wages, salaries, or other compensation lost as a result of the criminal conduct;
(b) The cost of all wages, salaries, or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct;
(c) The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct;
(d) The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.
(2) “Caller” means the person described in division (A) of this section who makes or causes to be made a telecommunication or who permits a telecommunication to be made from a telecommunications device under that person's control.

(3) “Telecommunication” and “telecommunications device” have the same meanings as in section 2913.01 of the Revised Code.
(4) “Sexual activity” has the same meaning as in section 2907.01 of the Revised Code.
(5) “Family or household member” means any of the following:
(a) Any of the following who is residing or has resided with the recipient of the telecommunication against whom the act prohibited in division (A)(9) of this section is committed:
(i) A spouse, a person living as a spouse, or a former spouse of the recipient;
(ii) A parent, a foster parent, or a child of the recipient, or another person related by consanguinity or affinity to the recipient;
(iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the recipient, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the recipient.
(b) The natural parent of any child of whom the recipient of the telecommunication against whom the act prohibited in division (A)(9) of this section is committed is the other natural parent or is the putative other natural parent.
(6) “Person living as a spouse” means a person who is living or has lived with the recipient of the telecommunication against whom the act prohibited in division (A)(9) of this section is committed in a common law marital relationship, who otherwise is cohabiting with the recipient, or who otherwise has cohabited with the recipient within five years prior to the date of the alleged commission of the act in question.
(7) “Cable operator” has the same meaning as in section 1332.21 of the Revised Code.

(H) Nothing in this section prohibits a person from making a telecommunication to a debtor that is in compliance with the “Fair Debt Collection Practices Act,” 91 Stat. 874
(1977), 15 U.S.C. 1692, as amended, or the “Telephone Consumer Protection Act,” 105 Stat. 2395 (1991), 47 U.S.C. 227, as amended.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

2024 Oklahoma Statutes

Title 12. Civil Procedure

§12-1450. Online impersonation – Liability - Remedies.

Universal Citation: 12 OK Stat § 1450 (2024)

A. As used in this section:

1. "Photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission of any person, such that the person is readily identifiable. A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can reasonably determine that the person depicted in the photograph is the same person who is
complaining of its unauthorized use, or the person on whose behalf a complaint is being made; and

2. "Social media" means forms of electronic communication through which users create online communities to share information, ideas, personal messages and other content.

B. Any person who knowingly uses another's name, voice, signature, photograph or likeness through social media to create a false identity without such person's consent, or in the case of a minor the consent of his or her parent or legal guardian, for the purpose of harming, intimidating, threatening or defrauding such person, shall be liable
for online impersonation and liable for any damages sustained by the person or persons injured as a result thereof; provided, however, there shall be no liability for any online impersonation for which the sole purpose is satire or parody.

C. At the time of filing a petition for an action pursuant to this section, the plaintiff may request an automatic injunction preventing the continued use of the plaintiff's name, voice, signature, photograph or likeness. The plaintiff may be awarded damages as
provided in subsection D of this section.

D. Actual damages shall include, but not be limited to, funds spent related to counseling, identity theft or libel. Any profits from the unauthorized use of such person's likeness that are attributable to the use may be considered in the computation of actual damages. Punitive damages of no less than Five Hundred Dollars ($500.00) per
individual may be awarded to the injured party or parties. The prevailing party in any action under this section shall be entitled to attorney fees and costs.

E. This section shall not apply to law enforcement agencies or their employees acting within the scope of their employment investigating Internet crimes. Nothing in this section shall be construed to impose liability on an interactive computer service, as defined in 47 U.S.C. 230(f), for content provided by another person.

F. The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.

Added by Laws 2016, c. 291, § 2, eff. Nov. 1, 2016.

2024 Oklahoma Statutes

Title 21. Crimes and Punishments

§21-850. Malicious intimidation or harassment because of race, color, religion, ancestry, national origin or disability - Standardized reporting system.

Universal Citation: 21 OK Stat § 850 (2024)

A. No person shall maliciously and with the specific intent to intimidate or harass another person because of that person's race, color, religion, ancestry, national origin or disability:

1. Assault or batter another person;

2. Damage, destroy, vandalize or deface any real or personal property of another person; or

3. Threaten, by word or act, to do any act prohibited by paragraph 1 or 2 of this subsection if there is reasonable cause to believe that such act will occur.

B. No person shall maliciously and with specific intent to incite or produce, and which is likely to incite or produce, imminent violence, which violence would be directed against another person because of that person's race, color, religion, ancestry, national origin or disability, make or transmit, cause or allow to be transmitted, any telephonic, computerized, or electronic message.

C. No person shall maliciously and with specific intent to incite or produce, and which is likely to incite or produce, imminent violence, which violence would be directed against another person because of that person's race, color, religion, ancestry, national origin or
disability, broadcast, publish, or distribute, cause or allow to be broadcast, published or distributed, any message or material.

D. Any person convicted of violating any provision of subsections A, B or C of this section shall be guilty of a misdemeanor on a first offense and a felony punishable by not more than ten (10) years incarceration in the custody of the Department of Corrections for a second or subsequent offense. The fine for a felony violation of this
section shall not exceed Ten Thousand Dollars ($10,000.00). Furthermore, said person shall be civilly liable for any damages resulting from any violation of this section.

E. Upon conviction, any person guilty of a misdemeanor in violation of this section shall be punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a period of not more than one (1) year, or by both such fine and imprisonment.

F. The Oklahoma State Bureau of Investigation shall develop a standard system for state and local law enforcement agencies to report incidents of crime which are apparently directed against members of racial, ethnic, religious groups or other groups
specified by this section. The Oklahoma State Bureau of Investigation shall promulgate rules, regulations and procedures necessary to develop, implement and maintain a standard system for the collection and reporting of hate crime data. All state, county, city and town law enforcement agencies shall submit a monthly report to the Oklahoma State Bureau of Investigation on forms prescribed by the Bureau. The report shall contain the number and nature of the offenses committed within their respective jurisdictions, the disposition of such matters and any other information the Bureau may require, respecting information relating to the cause and prevention of crime, recidivism,
the rehabilitation of criminals and the proper administration of criminal justice.

G. No person, partnership, company or corporation that installs telephonic, computerized, or electronic message equipment shall be required to monitor the use of such equipment for possible violations of this section, nor shall such person, partnership, company or corporation be held criminally or civilly liable for the use by another person of the equipment in violation of this section, unless the person, partnership, company or corporation that installed the equipment had prior actual knowledge that the equipment was to be used in violation of this section.

Added by Laws 1987, c. 48, § 1, emerg. eff. April 24, 1987. Amended by Laws 1989, c. 68, § 1, emerg. eff. April 13, 1989; Laws 1990, c. 73, § 1, emerg. eff. April 16, 1990; Laws 1992, c. 82, § 1, eff. Sept. 1, 1992; Laws 1997, c. 133, § 249, eff. July 1, 1999; Laws 1998, c. 330, § 1, eff. Nov. 1, 1998; Laws 1998, 1st Ex. Sess., c. 2, § 7, emerg. eff. June 19, 1998; Laws 1999, 1st Ex. Sess., c. 5, § 153, eff. July 1, 1999; Laws 2001, c. 45, § 1, eff. Nov. 1, 2001.

NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 249 from July 1, 1998, to July 1, 1999.

2024 Oklahoma Statutes

Title 21. Crimes and Punishments

§21-1040.13b. Nonconsensual dissemination of private sexual images.

Universal Citation: 21 OK Stat § 1040.13b (2024)

A. As used in this section:

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

2. "Intimate parts" means the fully unclothed, partially unclothed or transparently clothed genitals, pubic area or female adult nipple; and

3. "Sexual act" means sexual intercourse including genital, anal or oral sex.

B. A person commits nonconsensual dissemination of private sexual images when he or she:

1. Intentionally disseminates an image of another person who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part;

2. Obtains the image under circumstances in which a reasonable person would know or understand that the image was to remain private; and

3. Disseminates the image without the effective consent of the depicted person.

C. The provisions of this section shall not apply to the intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed when:

1. The dissemination is made for the purpose of a criminal investigation that is otherwise lawful;

2. The dissemination is for the purpose of, or in connection with, the reporting of unlawful conduct;

3. The images involve voluntary exposure in public or commercial settings; or

4. The dissemination serves a lawful purpose.

D. Nothing in this section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person:

1. An interactive computer service, as defined in 47 U.S.C., Section 230(f)(2);

2. A wireless service provider, as defined in Section 332(d) of the Telecommunications Act of 1996, 47 U.S.C., Section 151 et seq., Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66; or

3. A telecommunications network or broadband provider.

E. A person convicted under this section is subject to the forfeiture provisions in Section 1040.54 of this title.

F. Any person who violates the provisions of subsection B of this section shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one (1) year or by a fine of not more than One Thousand Dollars ($1,000.00), or both such fine and imprisonment.

G. Any person who violates or attempts to violate the provisions of subsection B of this section and who gains or attempts to gain any property or who gains or attempts to gain anything of value as a result of the nonconsensual dissemination or threatened
dissemination of private sexual images shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not more than five (5) years. A second or subsequent violation of this subsection shall be a felony punishable by imprisonment in the custody of the Department of Corrections for
not more than ten (10) years and the offender shall be required to register as a sex offender under the Sex Offenders Registration Act.

H. The state shall not have the discretion to file a misdemeanor charge, pursuant to Section 234 of Title 22 of the Oklahoma Statutes, for a violation pursuant to subsection G of this section.

I. The court shall have the authority to order the defendant to remove the disseminated image should the court find it is in the power of the defendant to do so.

J. Nothing in this section shall prohibit the prosecution of a person pursuant to the provisions of Section 1021.2, 1021.3, 1024.1, 1024.2, or 1040.12a of this title or any other applicable statute.

K. Any person who violates the provisions of subsection B of this section by disseminating three or more images within a six-month period shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not more than ten (10) years.

Added by Laws 2016, c. 262, § 1, eff. Nov. 1, 2016. Amended by Laws 2020, c. 35, § 1, eff. Nov. 1, 2020; Laws 2024, c. 214, § 1, eff.

Nov. 1, 2024 Oklahoma Statutes

Title 21. Crimes and Punishments

§21-1172. Obscene, threatening or harassing telecommunication or other electronic communications - Penalty. Universal Citation: 21 OK Stat § 1172 (2024)

A. It shall be unlawful for a person who, by means of a telecommunication or other electronic communication device, willfully either:

1. Makes any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, or indecent;

2. Makes a telecommunication or other electronic communication including text, sound or images with intent to terrify, intimidate or harass, or threaten to inflict injury or physical harm to any person or property of that person;

3. Makes a telecommunication or other electronic communication, whether or not conversation ensues, with intent to put the party called in fear of physical harm or death;

4. Makes a telecommunication or other electronic communication, including text, sound or images whether or not conversation ensues, without disclosing the identity of the person making the call or communication and with intent to annoy, abuse, threaten, or
harass any person at the called number;

5. Knowingly permits any telecommunication or other electronic communication under the control of the person to be used for any purpose prohibited by this section; and

6. In conspiracy or concerted action with other persons, makes repeated calls or electronic communications or simultaneous calls or electronic communications solely to harass any person at the called number(s).

B. As used in this section, "telecommunication" and "electronic communication" 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:

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.

C. Use of a telephone or other electronic communications facility under this section shall include all use made of such a facility between the points of origin and reception. Any offense under this section is a continuing offense and shall be deemed to have been
committed at either the place of origin or the place of reception.

D. Except as provided in subsection E of this section, any person who is convicted of the provisions of subsection A of this section, shall be guilty of a misdemeanor.

E. Any person who is convicted of a second offense under this section shall be guilty of a felony.

Added by Laws 1969, c. 233, § 1, emerg. eff. April 21, 1969. Amended by Laws 1986, c. 215, § 1, eff. Nov. 1, 1986; Laws 1993, c. 283, § 1, eff. Sept. 1, 1993; Laws 1997, c. 133, § 306, eff. July 1, 1999; Laws 2004, c. 275, § 5, eff. July 1, 2004; Laws 2005, c.
231, § 1, eff. Nov. 1, 2005; Laws 2019, c. 357, § 2, eff. Nov. 1, 2019.

NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 306 from July 1, 1998, to July 1, 1999.

2024 Oklahoma Statutes

Title 21. Crimes and Punishments

§21-1173. Stalking - Penalties.

Universal Citation: 21 OK Stat § 1173 (2024)

A. Any person who willfully, maliciously, and repeatedly follows or harasses another person in a manner that:

1. Would cause a reasonable person or a member of the immediate family of that person as defined in subsection F of this section to feel frightened, intimidated, threatened, harassed, or molested; and

2. Actually causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed, or molested, shall, upon conviction, be guilty of the crime of stalking, which is a felony punishable by imprisonment in the custody of the Department of Corrections for a term not to exceed three (3) years, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. Any person convicted of a second violation of the provisions of this subsection shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed six (6) years, or by a fine not to exceed Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment. Any person convicted of a third or subsequent violation of the provisions of this subsection shall be punished by imprisonment in the custody of the Department of Corrections for a
term not to exceed twelve (12) years, or by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment.

B. Any person who violates the provisions of subsection A of this section when:

1. There is a permanent or temporary restraining order, a protective order, an emergency ex parte protective order, or an injunction in effect prohibiting the behavior described in subsection A of this section against the same party, when the person violating the provisions of subsection A of this section has actual notice of the issuance of such order or injunction;

2. Said person is on probation or parole, a condition of which prohibits the behavior described in subsection A of this section against the same party or under the conditions of a community or alternative punishment; or

3. Said person, within ten (10) years preceding the violation of subsection A of this section, completed the execution of sentence for a conviction of a crime involving the use or threat of violence against the same party, or against any member of the immediate family of such party, shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not to exceed fifteen (15) years, or by a fine not to exceed Twenty Thousand Dollars ($20,000.00), or by both such fine and
imprisonment.

C. Any person who:

1. Commits a second act of stalking within ten (10) years of the completion of sentence for a prior conviction of stalking; or

2. Has a prior conviction of stalking and, after being served with a protective order that prohibits contact with an individual, knowingly makes unconsented contact with the same individual, shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not to exceed twenty (20) years, or by a fine not to exceed Twenty-five Thousand Dollars ($25,000.00), or by both such fine and imprisonment.

D. Any person who commits an act of stalking within ten (10) years of the completion of execution of sentence for a prior conviction under subsection B or C of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody
of the Department of Corrections for a term not to exceed twenty-five (25) years, or by a fine not to exceed Thirty Thousand Dollars ($30,000.00), or by both such fine and imprisonment.

E. Evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact, as defined in subsection F of this section, with the victim after having been requested by the victim to discontinue the same or any other form of
unconsented contact, and to refrain from any further unconsented contact with the victim, shall give rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

F. For purposes of determining the crime of stalking, the following definitions shall apply:

1. "Harasses" means a pattern or course of conduct directed toward another individual that includes, but is not limited to, repeated or continuing unconsented contact, that would cause a reasonable person to suffer emotional distress, and that actually causes
emotional distress to the victim. Harassment shall include harassing or obscene phone calls as prohibited by Section 1172 of this title and conduct prohibited by Section 850 of this title. Harassment does not include constitutionally protected activity or conduct that
serves a legitimate purpose;

2. "Course of conduct" means a series of two or more separate acts over a period of time, however short or long, evidencing a continuity of purpose, including any of the following:

a.maintaining a visual or physical proximity to the victim,
b.approaching or confronting the victim in a public place or on private
property,
c.appearing at the workplace of the victim or contacting the employer or coworkers of the victim,
d.appearing at the home of the victim or contacting the neighbors of the victim,
e.entering onto or remaining on property owned, leased, or occupied by the victim,
f.contacting the victim by telephone, text message, electronic message, electronic mail, or other means of electronic communication or causing the telephone or electronic device of the victim or the telephone or electronic device of any other person to ring or generate notifications repeatedly or continuously, regardless of whether a conversation ensues,

g.photographing, videotaping, audiotaping, or, through any other electronic means, monitoring or recording the activities of the victim. This subparagraph applies regardless of where the act occurs,
h.sending to the victim any physical or electronic material or contacting the victim by any means, including any message, comment, or other content posted on any Internet site or web application,
i.sending to a family member or member of the household of the victim, or any current or former employer of the victim, or any current or former coworker of the victim, or any friend of the victim, any physical or electronic material or contacting such person by any means, including any message, comment, or other content posted on any Internet site or web application, for the purpose of obtaining information about, disseminating information about, or communicating with the victim,
j.placing an object on or delivering an object to property owned, leased, or occupied by the victim,
k.delivering an object to a family member or member of the household of the victim, or an employer, coworker, or friend of the victim, or placing an object on, or delivering an object to, property owned, leased, or occupied by such a person with the intent that the object be delivered to the victim, or
l.causing a person to engage in any of the acts described in subparagraphs a through k of this paragraph.

Constitutionally protected activity is not included within the meaning of "course of conduct";

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

4. "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:

a.following or appearing within the sight of that individual,
b.approaching or confronting that individual in a public place or on private property,
c.appearing at the workplace or residence of that individual,
d.entering onto or remaining on property owned, leased, or occupied by that individual,
e.contacting that individual by telephone,
f.sending mail or electronic communications to that individual, and
g.placing an object on, or delivering an object to, property owned, leased, or occupied by that individual;

5. "Member of the immediate family", for the purposes of this section, 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 (6) months; and

6. "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.

Added by Laws 1992, c. 107, § 1, emerg. eff. June 4, 1992. Amended by Laws 1993, c. 64, § 1, emerg. eff. April 13, 1993; Laws 1997, c. 133, § 307, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 205, eff. July 1, 1999; Laws 2000, c. 370, § 14, eff. July 1,
2000; Laws 2015, c. 206, § 1, eff. Nov. 1, 2015; Laws 2018, c. 153, § 1, emerg. eff. May 1, 2018; Laws 2022, c. 318, § 2, eff. Nov. 1, 2022.

NOTE: Laws 1992, c. 348, § 4 repealed the original effective date of Laws 1992, c. 107, § 1 (Sept. 1, 1992). A new emergency effective date of June 4, 1992, was given to that section by Laws 1992, c. 348, § 5.

NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997,c. 133, § 307 from July 1, 1998, to July 1, 1999.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Stalking Protective Order - Oregon Revised Statutes
Remedies and Special Actions and Proceedings § 30.866
(1) A person may bring a civil action in a circuit court for a court's stalking protective order or for damages, or both, against a person if:
(a) The person intentionally, knowingly or recklessly engages in repeated and unwanted contact with the other person or a member of that person's immediate family or household thereby alarming or coercing the other person;
(b) It is objectively reasonable for a person in the victim's situation to have been alarmed or coerced by the contact; and
(c) The repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim's immediate family or household.
(2) At the time the petition is filed, the court, upon a finding of probable cause based on the allegations in the petition, shall enter a temporary court's stalking protective order that may include, but is not limited to, all contact listed in ORS 163.730. The petition and
the temporary order shall be served upon the respondent with an order requiring the respondent to personally appear before the court to show cause why the temporary order should not be continued for an indefinite period.
(3)(a) At the hearing, whether or not the respondent appears, the court may continue the hearing for up to 30 days or may proceed to enter a court's stalking protective order and take other action as provided in ORS 163.738.
(b) If respondent fails to appear after being served as required by subsection (2) of this section, the court may issue a warrant of arrest as provided in ORS 133.110 in order to ensure the appearance of the respondent in court.

(4) The plaintiff may recover:
(a) Both special and general damages, including damages for emotional distress;
(b) Punitive damages; and
(c) Reasonable attorney fees and costs.
(5) The court may enter an order under this section against a minor respondent without appointment of a guardian ad litem.
(6) An action under this section must be commenced within two years of the conduct giving rise to the claim.
(7) Proof of the claim shall be by a preponderance of the evidence.
(8) The remedy provided by this section is in addition to any other remedy, civil or criminal, provided by law for the conduct giving rise to the claim.
(9) No filing fee, service fee or hearing fee may be charged for a proceeding under this section.
(10) If the respondent was provided notice and an opportunity to be heard, the court shall also include in the order, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the respondent's ability to possess firearms and ammunition or engage in activities involving firearms.
(11) ORS 163.741 applies to protective orders issued under this section.
(12) Except for purposes of impeachment, a statement made by the respondent at a hearing under this section may not be used as evidence in a prosecution for stalking as defined in ORS 163.732 or for violating a court's stalking protective order as defined in ORS 163.750.

Stalking - Oregon Revised Statutes Crimes and
Punishments § 163.732

(1) A person commits the crime of stalking if:
(a) The person knowingly alarms or coerces another person or a member of that person's immediate family or household by engaging in repeated and unwanted contact with the other person;
(b) It is objectively reasonable for a person in the victim's situation to have been alarmed or coerced by the contact; and
(c) The repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim's immediate family or household.
(2)(a) Stalking is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, stalking is a Class C felony if the person has a prior conviction for:
(A) Stalking; or
(B) Violating a court's stalking protective order.
(c) When stalking is a Class C felony pursuant to paragraph (b) of this subsection, stalking shall be classified as a person felony and as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.

Violating A Stalking Protective Order - Oregon Revised
Statutes Crimes and Punishments § 163.750

(1) A person commits the crime of violating a court's stalking protective order when:
(a) The person has been served with a court's stalking protective order as provided in ORS 30.866 or 163.738 or if further service was waived under ORS 163.741 because the person appeared before the court;
(b) The person, subsequent to the service of the order, has engaged intentionally, knowingly or recklessly in conduct prohibited by the order; and
(c) If the conduct is prohibited contact as defined in ORS 163.730 (3)(d), (e), (f), (h) or
(i), the subsequent conduct has created reasonable apprehension regarding the personal safety of a person protected by the order.
(2)(a) Violating a court's stalking protective order is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, violating a court's stalking protective order is a Class C felony if the person has a prior conviction for:
(A) Stalking; or
(B) Violating a court's stalking protective order.
(c) When violating a court's stalking protective order is a Class C felony pursuant to paragraph (b) of this subsection, violating a court's stalking protective order shall be classified as a person felony and as crime category 8 of the sentencing guidelines grid
of the Oregon Criminal Justice Commission.

Harassment - Oregon Revised Statutes Crimes and
Punishments § 166.065

(1) A person commits the crime of harassment if the person intentionally:
(a) Harasses or annoys another person by:
(A) Subjecting such other person to offensive physical contact;
(B) Publicly insulting such other person by abusive words or gestures in a manner intended and likely to provoke a violent response; or
(C) Distributing a visual recording, as defined in ORS 163.665, of the other person engaged in sexually explicit conduct, as defined in ORS 163.665, or in a state of nudity, as defined in ORS 163.700, when the other person is under 18 years of age at the time of the recording;
(b) Subjects another to alarm by conveying a false report, known by the conveyor to be false, concerning death or serious physical injury to a person, which report reasonably would be expected to cause alarm; or
(c) Subjects another to alarm by conveying a telephonic, electronic or written threat to inflict serious physical injury on that person or to commit a felony involving the person or property of that person or any member of that person's family, which threat reasonably would be expected to cause alarm.
(2)(a) A person is criminally liable for harassment if the person knowingly permits any telephone or electronic device under the person's control to be used in violation of subsection (1) of this section.

(b) Harassment that is committed under the circumstances described in subsection
(1)(c) of this section is committed in either the county in which the communication originated or the county in which the communication was received.
(3) Harassment is a Class B misdemeanor.
(4) Notwithstanding subsection (3) of this section, harassment is a Class Amisdemeanor if a person violates:
(a) Subsection (1)(a)(A) of this section by subjecting another person to offensive physical contact and the offensive physical contact consists of touching the sexual or other intimate parts of the other person;
(b) Subsection (1)(a)(C) of this section; or
(c) Subsection (1)(c) of this section and:
(A) The person has a previous conviction under subsection (1)(c) of this section and the victim of the current offense was the victim or a member of the family of the victim of the previous offense;
(B) At the time the offense was committed, the victim was protected by a stalking protective order, a restraining order as defined in ORS 24.190 or any other court order prohibiting the person from contacting the victim;
(C) At the time the offense was committed, the person reasonably believed the victim to be under 18 years of age and more than three years younger than the person; or
(D)(i) The person conveyed a threat to kill the other person or any member of the family of the other person;
(ii) The person expressed the intent to carry out the threat; and

(iii) A reasonable person would believe that the threat was likely to be followed by action.
(5) It is not a defense to a charge under subsection (1)(a)(C) of this section that the defendant did not know the age of the victim.
(6) As used in this section, “electronic threat” means a threat conveyed by electronicmail, the Internet, a telephone text message or any other transmission of information by wire, radio, optical cable, cellular system, electromagnetic system or other similar
means.

Aggravated Harassment - Oregon Revised Statutes
Crimes and Punishments § 166.070
(1) A person commits the crime of aggravated harassment if the person, knowing that the other person is a:
(a) Staff member, knowingly propels saliva, blood, urine, semen, feces or other dangerous substance at the staff member while the staff member is acting in the course of official duty or as a result of the staff member's official duties;
(b) Public safety officer, knowingly propels blood, urine, semen or feces at the public safety officer while the public safety officer is acting in the course of official duty or as a result of the public safety officer's official duties; or
(c) Public safety officer, intentionally propels saliva at the public safety officer, and the saliva comes into physical contact with the public safety officer, while the public safety officer is acting in the course of official duty or as a result of the public safety officer's
official duties.

(2) Aggravated harassment is a Class C felony. When a person is convicted of violating subsection (1)(a) of this section, in addition to any other sentence it may impose, the
court shall impose a term of incarceration in a state correctional facility.
(3) As used in this section:
(a) “Public safety officer” means an emergency medical services provider as defined in ORS 682.025, a regulatory specialist as defined in ORS 471.001 or a fire service professional, a parole and probation officer or a police officer as those terms aredefined in ORS 181A.355.
(b) “Staff member” has the meaning given that term in ORS 163.165.

 

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Pennsylvania Statutes Title 18 Pa.C.S.A. Crimes and
Offenses § 2709. Harassment

(a) Offense defined.--A person commits the crime of harassment when, with intent to harass, annoy or alarm another, the person:
(1) strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same;
(2) follows the other person in or about a public place or places;
(3) engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose;
(4) communicates to or about such other person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures;
(5) communicates repeatedly in an anonymous manner;
(6) communicates repeatedly at extremely inconvenient hours; or
(7) communicates repeatedly in a manner other than specified in paragraphs (4), (5) and (6).
(a.1) Cyber harassment of a child.--
(1) A person commits the crime of cyber harassment of a child if, with intent to harass,annoy or alarm, the person engages in a continuing course of conduct of making any of the following by electronic means directly to a child or by publication through an
electronic social media service:
(i) seriously disparaging statement or opinion about the child's physical characteristics, sexuality, sexual activity or mental or physical health or condition; or

(ii) threat to inflict harm.
(2)(i) If a juvenile is charged with a violation of paragraph (1), the judicial authority with jurisdiction over the violation shall give first consideration to referring the juvenile charged with the violation to a diversionary program under Pa.R.J.C.P. No. 312 (relating
to Informal Adjustment) or No. 370 (relating to Consent Decree). As part of the diversionary program, the judicial authority may order the juvenile to participate in an educational program which includes the legal and nonlegal consequences of cyber harassment.
(ii) If the person successfully completes the diversionary program, the juvenile's records of the charge of violating paragraph (1) shall be expunged as provided for under section 9123 (relating to juvenile records).
(b) Deleted by 2002, Dec. 9, P.L. 1759, No. 218, § 1, effective in 60 days.
(b.1) Venue.--
(1) An offense committed under this section may be deemed to have been committed at either the place at which the communication or communications were made or at the place where the communication or communications were received.
(2) Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.
(3) In addition to paragraphs (1) and (2), an offense under subsection (a.1) may be deemed to have been committed at the place where the child who is the subject of the communication resides.
(c) Grading.--

(1) Except as provided under paragraph (3), an offense under subsection (a)(1), (2) or
(3) shall constitute a summary offense.
(2) An offense under subsection (a)(4), (5), (6) or (7) or (a.1) shall constitute a misdemeanor of the third degree.
(3) The grading of an offense under subsection (a)(1), (2) or (3) shall be enhanced one degree if the person has previously violated an order issued under 23 Pa.C.S. § 6108 (relating to relief) involving the same victim, family or household member.
(d) False reports.--A person who knowingly gives false information to any lawenforcement officer with the intent to implicate another under this section commits an offense under section 4906 (relating to false reports to law enforcement authorities).
(e) Application of section.--This section shall not apply to constitutionally protected activity.
(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
“Communicates.” Conveys a message without intent of legitimate communication or address by oral, nonverbal, written or electronic means, including telephone, electronic mail, Internet, facsimile, telex, wireless communication or similar transmission. “Course of conduct.”A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct. The term includes lewd, lascivious, threatening or obscene words, language, drawings, caricatures or actions, either in person or anonymously. Acts indicating a course of conduct which occur in
more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.

“Emotional distress.”A temporary or permanent state of mental anguish.
“Family or household member.”Spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or personswho share biological parenthood. “Seriously disparaging statement or opinion.”A statement or opinion which is intended to and under the circumstances is reasonably likely to cause substantial emotional
distress to a child of the victim's age and which produces some physical manifestation of the distress.

Pennsylvania Statutes Title 18 Pa.C.S.A. Crimes and
Offenses § 2709.1. Stalking

(a) Offense defined.--A person commits the crime of stalking when the person either:
(1) engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances whichdemonstrate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person; or
(2) engages in a course of conduct or repeatedly communicates to another person under circumstances which demonstrate or communicate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional
distress to such other person.
(b) Venue.--

(1) An offense committed under this section may be deemed to have been committed at either the place at which the communication or communications were made or at the
place where the communication or communications were received.
(2) Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuingpattern of conduct or a course of conduct.
(c) Grading.--
(1) Except as otherwise provided for in paragraph (2), a first offense under this section shall constitute a misdemeanor of the first degree.
(2) A second or subsequent offense under this section or a first offense under subsection (a) if the person has been previously convicted of a crime of violence involving the same victim, family or household member, including, but not limited to, aviolation of section 2701 (relating to simple assault), 2702 (relating to aggravated
assault), 2705 (relating to recklessly endangering another person), 2718 (relating to strangulation), 2901 (relating to kidnapping), 3121 (relating to rape) or 3123 (relating to involuntary deviate sexual intercourse), an order issued under section 4954 (relating to
protective orders) or an order issued under 23 Pa.C.S. § 6108 (relating to relief) shall constitute a felony of the third degree.
(d) False reports.--A person who knowingly gives false information to any law enforcement officer with the intent to implicate another under this section commits an offense under section 4906 (relating to false reports to law enforcement authorities).
(e) Application of section.--This section shall not apply to constitutionally protected activity.

(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
“Communicates.” To convey a message without intent of legitimate communication or address by oral, nonverbal, written or electronic means, including telephone, electronic mail, Internet, facsimile, telex, wireless communication or similar transmission.
“Course of conduct.”A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct. The term includes lewd, lascivious, threatening or obscene words, language, drawings, caricatures or actions, either in person or anonymously. Acts indicating a course of conduct which occur in
more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct. “Emotional distress.”A temporary or permanent state of mental anguish.
“Family or household member.”Spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or persons
who share biological parenthood.

Pennsylvania Statutes Title 18 Pa.C.S.A. Crimes and
Offenses § 3131. Unlawful dissemination of intimate
image

(a) Offense defined.--Except as provided in sections 5903 (relating to obscene and other sexual materials and performances), 6312 (relating to sexual abuse of children) and 6321 (relating to transmission of sexually explicit images by minor), a person
commits the offense of unlawful dissemination of intimate image if, with intent to harass, annoy or alarm another, the person disseminates:

(1) A visual depiction of the current or former sexual or intimate partner in a state of nudity or engaged in sexual conduct.
(2) An artificially generated sexual depiction of an individual.
(b) Defense.--It is a defense to a prosecution under this section that the actor disseminated the visual depiction with the consent of the person depicted.
(c) Grading.--
(1) An offense under subsection (a)(1) shall be:
(i) A misdemeanor of the first degree, when the person depicted is a minor.
(ii) A misdemeanor of the second degree, when the person depicted is not a minor.
(2) An offense under subsection (a)(2) shall be:
(i) A misdemeanor of the first degree, when the person depicted is a minor.
(ii) A misdemeanor of the second degree, when the person depicted is not a minor.
(d) Territorial applicability.--A person may be convicted under the provisions of this section if the victim or the offender is located within this Commonwealth.
(e) Nonapplicability.--Nothing in this section shall be construed to apply to a law enforcement officer engaged in the performance of the law enforcement officer's official duties.
(f) Concurrent jurisdiction to prosecute.--In addition to the authority conferred upon theAttorney General by the act of October 15, 1980 (P.L. 950, No. 164), 1 known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and to institute criminal proceedings for any violation of this section or any series of violations involving more than one county of this Commonwealth or another state. No person charged with a violation of this section by the Attorney General shall have standing to challenge the authority of the Attorney General to investigate or
prosecute the case, and, if a challenge is made, the challenge shall be dismissed, and no relief shall be made available in the courts of this Commonwealth to the person making the challenge.
(g) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
“Artificial intelligence.”
(1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to:
(i) perceive real and virtual environments;
(ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and
(iii) use model inference to formulate options for information or action based on outcomes under subparagraphs (i) and (ii).
(2) The term includes generative artificial intelligence.
“Artificially generated sexual depiction.”A visual depiction:
(1) that appears to authentically depict an individual in a state of nudity or engaged in sexual conduct that did not occur in reality; and

(2) the production of which was substantially dependent upon technical means, including artificial intelligence or photo editing software, rather than the ability of another person to physically impersonate the other person.
“Generative artificial intelligence.”The class of models that emulate the structure andcharacteristics of input data in order to generate derived synthetic content, including information such as images, videos, audio clips or text, that has been significantly
modified or generated by algorithms, including by artificial intelligence. “Law enforcement officer.”Any officer of the United States, of the Commonwealth or political subdivision thereof, or of another state or subdivision thereof, who is empowered to conduct investigations of or to make arrests for offenses enumerated in
this title or an equivalent crime in another jurisdiction, and any attorney authorized by law to prosecute or participate in the prosecution of such offense.
“Minor.” An individual under 18 years of age.
“Nudity.” As defined in section 5903(e).
“Photo editing software.”A software used primarily for editing photographs, videos or computer depictions that contains a variety of filters, effects or tools that can be used to manipulate photographs, videos or computer depictions.
“Sexual conduct.”As defined in section 5903(e).
“Visual depiction.”As defined in section 6321.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Rhode Island General Laws Title 16. Education § 16-21-33. Safe schools act

(a)Definitions. As used in this chapter:
(1) “ Bullying” means the use by one or more students of a written, verbal or electronic expression or a physical act or gesture or any combination thereof directed at a student that:
(i) Causes physical or emotional harm to the student or damage to the student'sproperty;
(ii) Places the student in reasonable fear of harm to himself/herself or of damage to his/her property;
(iii) Creates an intimidating, threatening, hostile, or abusive educational environment for the student;
(iv) Infringes on the rights of the student to participate in school activities; or
(v) Materially and substantially disrupts the education process or the orderly operation of a school. The expression, physical act or gesture may include, but is not limited to, an incident or incidents that may be reasonably perceived as being motivated by characteristics such as race, color, religion, ancestry, national origin, gender, sexual
orientation, gender identity and expression or mental, physical, or sensory disability, intellectual ability or by any other distinguishing characteristic.
(2) “ Cyber-bullying” means bullying through the use of technology or any electronic communication, which shall include, but shall not be limited to, any transfer of signs, signals, writing, images, sounds, data, texting or intelligence of any nature transmitted in
whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited to, electronic mail, Internet communications, instant messages or facsimile communications. For purposes of this section, cyber-bullying
shall also include:
(i) The creation of a web page or blog in which the creator assumes the identity of another person;
(ii) The knowing impersonation of another person as the author of posted content or messages; or
(iii) The distribution by electronic means of a communication to more than one person or the posting of materials on an electronic medium that may be accessed by one or more persons, if the creation, impersonation, or distribution results in any of the
conditions enumerated in clauses (i) to (v) of the definition of bullying herein.
(3) “ At school” means on school premises, at any school-sponsored activity or event whether or not it is held on school premises, on a school-transportation vehicle, at an official school bus stop, using property or equipment provided by the school, or creates
a material and substantial disruption of the education process or the orderly operation of the school.

Rhode Island General Laws Title 16. Education §
16-21-34. Statewide bullying policy implemented

(a) The Rhode Island department of education shall prescribe by regulation a statewide bullying policy, ensuring a consistent and unified, statewide approach to the prohibition of bullying at school. The statewide policy shall apply to all schools that are approved
for the purpose of § 16-9-1 and shall contain the following:
(1) Descriptions of and statements prohibiting bullying, cyber-bullying and retaliation of school;

(2) Clear requirements and procedures for students, staff, parents, guardians and others to report bullying or retaliation;
(3) A provision that reports of bullying or retaliation may be made anonymously; provided, however, that no disciplinary action shall be taken against a student solely on the basis of an anonymous report;
(4) Clear procedures for promptly responding to and investigating reports of bullying or retaliation;
(5) The range of disciplinary actions that may be taken against a perpetrator for bullying or retaliation; provided, however, that the disciplinary actions shall balance the need for accountability with the need to teach appropriate behavior; and provided, further:
(i) A parental engagement strategy; and
(ii) A provision that states punishments for violations of the bullying policy shall be determined by the school's appropriate authority; however, no student shall be suspended from school unless it is deemed a necessary consequence of the violations;
(6) Clear procedures for restoring a sense of safety for a victim and assessing that victim's needs for protection;
(7) Strategies for protecting from bullying or retaliation a person who reports bullying, provides information during an investigation of bullying or witnesses or has reliable information about an act of bullying;
(8) Procedures for promptly notifying the parents or guardians of a victim and a perpetrator; provided, further, that the parents or guardians of a victim shall also be notified of the action taken to prevent any further acts of bullying or retaliation; and provided, further, that the procedures shall provide for immediate notification of the local law enforcement agency when criminal charges may be pursued against the perpetrator;
(9) A provision that a student who knowingly makes a false accusation of bullying or retaliation shall be subject to disciplinary action;
(10) A strategy for providing counseling or referral to appropriate services currently being offered by schools or communities for perpetrators and victims and for appropriate family members of said students. The plan shall afford all students the same protection regardless of their status under the law;
(11) A provision that requires a principal or designee to be responsible for the implementation and oversight of the bullying policy;
(12) Provisions for informing parents and guardians about the bullying policy of the school district or school shall include, but not be limited to:
(i) A link to the policy prominently posted on the home page of the school district's website and distributed annually to parents and guardians of students;
(ii) A provision for notification, within twenty-four (24) hours, of the incident report, to the parents or guardians of the victim of bullying and parents or guardians of the alleged perpetrator of the bullying;
(13) A school employee, school volunteer, student, parent, legal guardian, or relative caregiver who promptly reports, in good faith, an act of bullying to the appropriate school official designated in the school's policy is immune from a cause of action for damages arising from reporting bullying;

(14) This section does not prevent a victim from seeking redress under any other available law, either civil or criminal. This section does not create or alter any tort liability;
(15) Students shall be prohibited from accessing social networking sites at school, except for educational or instructional purposes and with the prior approval from school administration. Nothing in this act shall prohibit students from using school department or school websites for educational purposes. School districts and schools are
encouraged to provide in-service training on Internet safety for students, faculty and staff; and
(16) All school districts, charter schools, career and technical schools, approved private day or residential schools and collaborative schools shall be subject to the requirements of this section. School districts and schools must adopt the statewide bullying policy promulgated pursuant to this section by June 30, 2012.

Rhode Island General Laws Title 11. Criminal Offenses §
11-52-4.2. Cyberstalking and cyberharassment
prohibited

(a) Whoever transmits any communication by computer or other electronic device to any person or causes any person to be contacted for the sole purpose of harassing that person or his or her family is guilty of a misdemeanor, and shall be punished by a fine of
not more than five hundred dollars ($500), by imprisonment for not more than one year, or both. For the purpose of this section, “ harassing” means any knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or bothers the person, and which serves no legitimate purpose. The course of conduct must be of a kind that would cause a reasonable person to suffer substantial emotional distress, or be in fear of bodily injury. “ Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, evidencing a continuity of purpose.
Constitutionally protected activity is not included within the meaning of “course of conduct.”
(b) A second or subsequent conviction under subsection (a) of this section shall be deemed a felony punishable by imprisonment for not more than two (2) years, by a fine of not more than six thousand dollars ($6,000), or both.

Rhode Island General Laws Title 11. Criminal Offenses §
11-59-2. Stalking prohibited

(a) Any person who: (1) harasses another person; or (2) willfully, maliciously, and repeatedly follows another person with the intent to place that person in reasonable fear of bodily injury, is guilty of the crime of stalking.
(b) Stalking shall be deemed a felony punishable by imprisonment for not more than five
(5) years, by a fine of not more than ten thousand dollars ($10,000), or both. Rhode Island General Laws Title 9. Courts and Civil
Procedure--Procedure Generally § 9-1-2.1. Civil liability
for stalking
(a) Any person who suffers harm pursuant to chapter 59 of title 11 may recover his or her damages in a civil action against the offender.
(b) As used in this section:
(1) “ Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “ course of conduct.”

(2) “ Harasses” means following a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or bothers the person, and which serves no legitimate purpose. The course of conduct must be of a kind that would cause a
reasonable person to suffer substantial emotional distress, or be in fear of bodily injury.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change; users should verify statutes through official state resources.

 

Article 17. Harassement and Stalking SECTION 16-3-1700. Definitions.
As used in this article:

(A) "Harassment in the first degree" means a pattern of intentional, substantial, and unreasonable intrusion into the
private life of a targeted person that serves no legitimate purpose and causes the person and would cause a
reasonable person in his position to suffer mental or emotional distress. Harassment in the first degree may include,
but is not limited to:
(1) following the targeted person as he moves from location to location;
(2) visual or physical contact that is initiated, maintained, or repeated after a person has been provided oral or written
notice that the contact is unwanted or after the victim has filed an incident report with a law enforcement agency;
(3) surveillance of or the maintenance of a presence near the targeted person's:
(a) residence;
(b) place of work;
(c) school; or
(d) another place regularly occupied or visited by the targeted person; and
(4) vandalism and property damage.
(B) "Harassment in the second degree" means a pattern of intentional, substantial, and unreasonable intrusion into
the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a
reasonable person in his position to suffer mental or emotional distress. Harassment in the second degree may
include, but is not limited to, verbal, written, or electronic contact that is initiated, maintained, or repeated.
(C) "Stalking" means a pattern of words, whether verbal, written, or electronic, or a pattern of conduct that serves no
legitimate purpose and is intended to cause and does cause a targeted person and would cause a reasonable person
in the targeted person's position to fear:
(1) death of the person or a member of his family;
(2) assault upon the person or a member of his family;
(3) bodily injury to the person or a member of his family;
(4) criminal sexual contact on the person or a member of his family;
(5) kidnapping of the person or a member of his family; or
(6) damage to the property of the person or a member of his family.

(D) "Pattern" means two or more acts occurring over a period of time, however short, evidencing a continuity of
purpose.

(E) "Family" means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person.

(F) "Electronic contact" means any transfer of signs, signals, writings, images, sounds, data, intelligence, or
information of any nature transmitted in whole or in part by any device, system, or mechanism including, but not
limited to, a wire, radio, computer, electromagnetic, photoelectric, or photo-optical system.

(G) This section does not apply to words or conduct protected by the Constitution of this State or the United States, a
law enforcement officer or a process server performing official duties, or a licensed private investigator performing
services or an investigation as described in detail in a contract signed by the client and the private investigator
pursuant to Section 40-18-70.

(H) A person who commits the offense of harassment in any degree or stalking, as defined in this section, while
subject to the terms of a restraining order issued by the family court may be charged with a violation of this article
and, upon conviction, may be sentenced pursuant to the provisions of Section 16-3-1710, 16-3-1720, or 16-3-1730.
HISTORY: 1995 Act No. 94, § 1; 2001 Act No. 81, § 4; 2005 Act No. 106, § 7, eff January 1, 2006; 2013 Act No. 99, §
1, eff June 20, 2013.

SECTION 16-3-1705. Electronic mail service provider; immunity; definition.

(A) An electronic mail service provider must not be charged with or have a penalty assessed based upon a violation
of this article or have a cause of action filed against it based on the electronic mail service provider's:
(1) being an intermediary between the sender and recipient in the transmission of an electronic contact that violates
this article; or
(2) providing transmission of an electronic contact over the provider's computer network or facilities that violates this
article.
(B) For purposes of this article, "electronic mail service provider" means a person or entity which:
(1) is an intermediary in sending or receiving electronic mail; and
(2) provides to users of electronic mail services the ability to send or receive electronic mail.
HISTORY: 2005 Act No. 106, § 7, eff January 1, 2006.

SECTION 16-3-1710. Penalties for conviction of harassment in the second degree.
(A) Except as provided in subsection (B), a person who engages in harassment in the second degree is guilty of a
misdemeanor and, upon conviction, must be fined not more than two hundred dollars, imprisoned not more than thirty
days, or both.

(B) A person convicted of harassment in the second degree is guilty of a misdemeanor and, upon conviction, must be
fined not more than one thousand dollars, imprisoned not more than one year, or both if:
(1) the person has a prior conviction of harassment or stalking within the preceding ten years; or
(2) at the time of the harassment an injunction or restraining order, including a restraining order issued by the family
court, was in effect prohibiting the harassment.
(C) In addition to the penalties provided in this section, a person convicted of harassment in the second degree who
received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in
furtherance of the commission of the offense under this section must be fined two hundred dollars or imprisoned thirty
days, or both.
HISTORY: 1995 Act No. 94, § 1; 1996 Act No. 458, Part II, § 31B; 2005 Act No. 106, § 7, eff January 1, 2006; 2013
Act No. 99, § 2, eff June 20, 2013.

SECTION 16-3-1720. Penalties for conviction of harassment in the first degree.
(A) Except as provided in subsections (B) and (C), a person who engages in harassment in the first degree is guilty of
a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than
three years, or both.
(B) A person who engages in harassment in the first degree when an injunction or restraining order, including a
restraining order issued by the family court, is in effect prohibiting this conduct is guilty of a misdemeanor and, upon
conviction, must be fined not more than two thousand dollars, imprisoned not more than three years, or both.
(C) A person who engages in harassment in the first degree and who has a prior conviction of harassment or stalking
within the preceding ten years is guilty of a felony and, upon conviction, must be fined not more than five thousand
dollars, imprisoned not more than five years, or both.
(D) In addition to the penalties provided in this section, a person convicted of harassment in the first degree who
received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in
furtherance of the commission of the offense under this section must be fined one thousand dollars or imprisoned one
year, or both.
HISTORY: 1995 Act No. 94, § 1; 1996 Act No. 458, Part II, § 31C; 2005 Act No. 106, § 7, eff January 1, 2006; 2013
Act No. 99, § 3, eff June 20, 2013.

SECTION 16-3-1730. Penalties for conviction of stalking.
(A) A person who engages in stalking is guilty of a felony and, upon conviction, must be fined not more than five
thousand dollars, imprisoned not more than five years, or both.
(B) A person who engages in stalking when an injunction or restraining order, including a restraining order issued by
the family court, is in effect prohibiting this conduct is guilty of a felony and, upon conviction, must be fined not more
than seven thousand dollars, imprisoned not more than ten years, or both.

(C) A person who engages in stalking and who has a prior conviction of harassment or stalking within the preceding
ten years is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars, imprisoned not
more than fifteen years, or both.
(D) In addition to the penalties provided in this section, a person convicted of stalking who received licensing or
registration information pursuant to Article 4, Chapter 3 of Title 56 and used the information in furtherance of the
commission of the offense pursuant to this section must be fined one thousand dollars or imprisoned one year, or
both.
HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006; 2013 Act No. 99, § 4, eff June 20, 2013.

SECTION 16-3-1735. Law enforcement officer empowered to sign warrant in place of victim.
A law enforcement officer or another person with knowledge of the circumstances may sign a warrant in place of the
victim for a person alleged to have committed a harassment or stalking offense as provided in Section 16-3-1710,
16-3-1720, or 16-3-1730.
HISTORY: 2005 Act No. 106, § 7, eff January 1, 2006.
SECTION 16-3-1740. Mental health evaluations of persons convicted of stalking or harassment; notice to victim in
person of unsupervised release.
(A) Before sentencing a person convicted of stalking or harassment in the first or second degree, the court may
require the person to undergo a mental health evaluation. If the court determines from the results of the evaluation
that the person needs mental health treatment or counseling, the court shall require him to undergo mental health
treatment or counseling by a court-approved mental health professional, mental health facility, or facility operated by
the Office of Mental Health as a part of his sentence.
(B) When the court orders a mental health evaluation, the evaluation may not take place until the facility conducting
the evaluation has received all of the documentation including, but not limited to, warrants, incident reports, and NCIC
reports associated with the charges.
(C) If the evaluation results in the unsupervised release of the person, the victim must be notified prior to the person's
release. All reasonable efforts must be made to notify the victim personally to assure the notice is received.
HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006.
SECTION 16-3-1750. Action seeking a restraining order against a person engaged in harassment or stalking
jurisdiction and venue; forms; enforceability.
(A) Pursuant to this article, the magistrates court has jurisdiction over an action seeking a restraining order against a
person engaged in harassment in the first or second degree or stalking.
(B) An action for a restraining order must be filed in the county in which:
(1) the defendant resides when the action commences;
(2) the harassment in the first or second degree or stalking occurred; or
(3) the plaintiff resides if the defendant is a nonresident of the State or cannot be found.

(C) A complaint and motion for a restraining order may be filed by any person. The complaint must:
(1) allege that the defendant is engaged in harassment in the first or second degree or stalking and must state the
time, place, and manner of the acts complained of, and other facts and circumstances upon which relief is sought;
(2) be verified; and
(3) inform the defendant of his right to retain counsel to represent him at the hearing on the complaint.
(D) The magistrates court must provide forms to facilitate the preparation and filing of a complaint and motion for a
restraining order by a plaintiff not represented by counsel. The court must not charge a fee for filing a complaint and
motion for a restraining order against a person engaged in harassment or stalking. However, the court shall assess a
filing fee against the nonprevailing party in an action for a restraining order. The court may hold a person in contempt
of court for failure to pay this filing fee.
(E) A restraining order remains in effect for a fixed period of time of not less than one year, as determined by the
court on a case-by-case basis.
(F) Notwithstanding another provision of law, a restraining order or a temporary restraining order issued pursuant to
this article is enforceable throughout this State.
HISTORY: 1995 Act No. 94, § 1; 2002 Act No. 175, § 1, eff March 5, 2002; 2005 Act No. 106, § 7, eff January 1,
2006.

SECTION 16-3-1760. When temporary restraining orders may be granted without notice; notice and hearing on
motion seeking restraining order.
(A) Within twenty-four hours after the filing of a complaint and motion seeking a restraining order pursuant to Section
16-3-1750, the court, for good cause shown, may hold an emergency hearing and, if the plaintiff proves his allegation
by a preponderance of the evidence, may issue a temporary restraining order without giving the defendant notice of
the motion for the order. A prima facie showing of present danger of bodily injury, verified by supporting affidavits,
constitutes good cause.
(B) A temporary restraining order granted without notice must be served upon the defendant together with a copy of
the complaint and a Rule to Show Cause why the order should not be extended for the full one-year period. The Rule
to Show Cause must provide the date and time of the hearing for the Rule to Show Cause. The defendant must be
served within five days before the hearing in the same manner required for service as provided in the South Carolina
Rules of Civil Procedure.
(C) In cases not provided in subsection (A), the court shall cause a copy of the complaint and motion to be served
upon the defendant at least five days before the hearing in the same manner required for service as provided in the
South Carolina Rules of Civil Procedure.
(D) The court shall hold a hearing on a motion for a restraining order within fifteen days of the filing of a complaint and
motion, but not sooner than five days after service has been perfected upon the defendant.
(E) Upon motion of a party, the court may determine that a temporary restraining order was improperly issued due to
unknown facts. The court may order the temporary restraining order vacated and all records of the improperly issued
restraining order destroyed.
HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006; 2013 Act No. 99, § 6, eff June 20, 2013.

SECTION 16-3-1770. Form and content of temporary restraining order.
(A) A temporary restraining order granted without notice must be endorsed with the date and hour of issuance and
entered of record with the magistrates court.
(B) The terms of the restraining order must protect the plaintiff and may include temporarily enjoining the defendant
from:
(1) abusing, threatening to abuse, or molesting the plaintiff or members of the plaintiff's family;
(2) entering or attempting to enter the plaintiff's place of residence, employment, education, or other location; and
(3) communicating or attempting to communicate with the plaintiff in a way that would violate the provisions of this
article.
(C) A restraining order issued pursuant to this article conspicuously must bear the following language:
(1) "Violation of this order is a criminal offense punishable by thirty days in jail, a fine of five hundred dollars, or both.";
and
(2) "Pursuant to Section 16-25-125, it is unlawful for a person who has been charged with or convicted of criminal
domestic violence or criminal domestic violence of a high and aggravated nature, who is subject to an order of
protection, or who is subject to a restraining order, to enter or remain upon the grounds or structure of a domestic
violence shelter in which the person's household member resides or the domestic violence shelter's administrative
offices. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more
than three thousand dollars or imprisoned for not more than three years, or both. If the person is in possession of a
dangerous weapon at the time of the violation, the person is guilty of a felony and, upon conviction, must be fined not
more than five thousand dollars or imprisoned for not more than five years, or both.".
(D) A restraining order issued by a court may not contain the social security number of a party to the order and must
contain as little identifying information as is necessary of the party it seeks to protect.
HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006; 2008 Act No. 319, § 2, eff June 11,
2008.

SECTION 16-3-1780. Expiration of temporary restraining orders and restraining orders; extensions and modifications.
(A) A temporary restraining order remains in effect until the hearing on the Rule to Show Cause why the order should
not be extended for the full one-year period. The temporary restraining order must be for a fixed period in accordance
with subsection (B) if the court finds the defendant in default at the hearing.
(B) In cases not provided for in subsection (A), a restraining order must be for a fixed period not to exceed one year
but may be extended by court order on a motion by the plaintiff, showing good cause, with notice to the defendant.
The defendant is entitled to a hearing on the extension of an order issued pursuant to this subsection within thirty
days of the date upon which the order will expire.
(C) Notwithstanding subsection (B), the provisions included in a restraining order granting relief pursuant to Section
16-3-1770 dissolve one year following the issuance of the order unless, prior to the expiration of this period, the court
has charged the defendant with the crime of harassment in the first or second degree or stalking and has scheduled a
date for trial on the charge. If the trial has been scheduled, relief granted pursuant to Section 16-3-1770 remains in
effect beyond the one-year period only until the conclusion of the trial.
(D) The court may modify the terms of an order issued pursuant to this section.

HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006.
SECTION 16-3-1790. Service of certified copies of restraining orders.
A magistrates court shall serve the defendant with a certified copy of an order issued pursuant to this article and
provide a copy to the plaintiff and to the local law enforcement agencies having jurisdiction over the area where the
plaintiff resides. Service must be made without charge to the plaintiff.
HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006.
SECTION 16-3-1800. Arrest upon violation of restraining order.
Law enforcement officers shall arrest a defendant who is acting in violation of a restraining order after service and
notice of the order is provided. An arrest warrant is not required.
HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006.
SECTION 16-3-1810. Law enforcement officer's responsibilities when responding to a harassment or stalking
incident.
(A) The primary responsibility of a law enforcement officer when responding to a harassment in the first or second
degree or stalking incident is to enforce the law and protect the complainant.
(B) The law enforcement officer shall notify the complainant of the right to initiate criminal proceedings and to seek a
restraining order.
HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006.
SECTION 16-3-1820. Immunity from liability for filing a report or complaint or participating in a judicial proceeding
concerning alleged harassment or stalking; rebuttable presumption of good faith.
A person who reports an alleged harassment in the first or second degree or stalking, files a criminal complaint, files
a complaint for a restraining order, or who participates in a judicial proceeding pursuant to this article and who is
acting in good faith is immune from criminal and civil liability that might otherwise result from these actions. A
rebuttable presumption exists that the person was acting in good faith.
HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006.
SECTION 16-3-1830. Availability of other civil and criminal remedies.
A proceeding commenced pursuant to this article is in addition to other civil and criminal remedies.
HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006.
SECTION 16-3-1840. Mental health evaluation prior to setting bail; purpose; report.

Prior to setting bail, a magistrate or a municipal judge may order a defendant charged with harassment in the first or
second degree or stalking pursuant to this article to undergo a mental health evaluation performed by the local mental
health department. The purpose of this evaluation is to determine if the defendant needs mental health treatment or
counseling as a condition of bond. The evaluation must be scheduled within ten days of the order's issuance. Once
the evaluation is completed, the examiner must, within forty-eight hours, issue a report to the local solicitor's office,
summary court judge, or other law enforcement agency. Upon receipt of the report, the solicitor, summary court
judge, or other law enforcement agency must arrange for a bond hearing before a circuit court judge or summary
court judge.
HISTORY: 1995 Act No. 94, § 1; 2005 Act No. 106, § 7, eff January 1, 2006

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

22-19A-1 Stalking--Violation as misdemeanor--Second or subsequent offense a felony.
No person may:

(1) Willfully, maliciously, and repeatedly follow or harass another person;
(2) Make a credible threat to another person with the intent to place that person in reasonable fear of death or great bodily injury; or
(3) Willfully, maliciously, and repeatedly harass another person by means of any verbal, electronic, digital media, mechanical, telegraphic, or written communication.
A violation of this section constitutes the crime of stalking. Stalking is a Class 1 misdemeanor.
However, any second or subsequent conviction occurring within ten years of a prior conviction under this section is a Class 6 felony. Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of this section and occurring within ten years prior to the date of the violation being charged, shall be used to determine if the violation being charged is a second or subsequent offense.
Source: SL 1992, ch 162, § 1; SL 1993, ch 176, § 1; SL 1997, ch 132, § 1; SL 2001, ch 112, § 1; SL 2002, ch 109, § 5; SL 2006, ch 120, § 1; SL 2020, ch 83, § 1. 22-19B-1. Malicious intimidation or harassment--Felony.
No person may maliciously and with the specific intent to intimidate or harass any person or specific group of persons because of that person's or group of persons' race, ethnicity, religion, ancestry, or national origin:

(1) Cause physical injury to another person; or
(2) Deface any real or personal property of another person; or
(3) Damage or destroy any real or personal property of another person; or
(4) Threaten, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts prohibited in subdivision (1), (2), or (3) of this section will occur.

A violation of this section is a Class 6 felony.
Source: SL 1993, ch 177, § 1; SL 2005, ch 120, § 181.

22-21-4. Record--Privacy--Manipulated image--Violation.
No person may:

(1) Use any device to photograph or visually record:
(a) Any other person without clothing or under or through the clothing, or with another person depicted in a sexual act, for the purpose of viewing the body of, or the undergarments worn by, that other person;
(b) Without the consent or knowledge of that other person; and
(c) With the intent to self-gratify, to harass, or embarrass and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy;
(2) Use, disclose, or disseminate, by any means, any recording or photograph in violation of subdivision (1), in order to self-gratify, to harass, or to embarrass and invade the privacy of that other person; or

(3) Knowingly and intentionally disseminate or sell any image or recording of another person:
(a) That has been intentionally manipulated to create a realistic but false image or recording that would cause a reasonable person to mistakenly believe that the image or recording is authentic;
(b) That depicts the person as totally nude; in a state of undress to expose the genitals, pubic area, buttocks, or female breast; or with another person in a sexual act;
(c) Without the consent or knowledge of the person whose image is
depicted; and
(d) With the intent to self-gratify, to harass, or embarrass and invade the privacy of the person whose image is depicted.

A violation of this section is a Class 1 misdemeanor. However, a violation of this section is a Class 6 felony if the victim is seventeen years of age or younger and the perpetrator is at least
twenty-one years of age at the time the photograph or recording is made.
Source: SL 2004, ch 151, § 1; SL 2011, ch 116, § 1; SL 2016, ch 123, § 1; SL 2020, ch 87, § 4; SL 2021, ch 96, § 1; SL 2022, ch 63, § 1.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Criminal Harassment - Tennessee Code Title 39. Criminal
Offenses § 39-17-308

(a) A person commits an offense who intentionally:
(1) Communicates a threat to another person, and the person communicating the threat:
(A) Intends the communication to be a threat of harm to the victim; and
(B) A reasonable person would perceive the communication to be a threat of harm;
(2) Communicates with another person without lawful purpose, anonymously or otherwise, with the intent that the frequency or means of the communication annoys,offends, alarms, or frightens the recipient and, by this action, annoys, offends, alarms, or frightens the recipient;
(3) Communicates to another person, with intent to harass that person, that a relative or other person has been injured or killed when the communication is known to be false; or
(4) Communicates with another person or transmits or displays an image without legitimate purpose with the intent that the image is viewed by the victim by any method described in subdivision (a)(1) and the person:
(A) Maliciously intends the communication to be a threat of harm to the victim; and
(B) A reasonable person would perceive the communication to be a threat of harm.
(b)(1) A person convicted of a criminal offense commits an offense if, while incarcerated, on pretrial diversion, probation, community correction or parole, the person intentionally communicates in person with the victim of the person's crime if the communication is:

(A) Anonymous or threatening or made in an offensively repetitious manner or at hours known to be inconvenient to the victim;
(B) Made for no legitimate purpose; and
(C) Made knowing that it will alarm or annoy the victim.
(2) If the victim of the person's offense died as the result of the offense, this subsection
(b) shall apply to the deceased victim's next-of-kin.
(c)(1) Except as provided in subsection (d), a violation of subsection (a) is a Class A
misdemeanor.
(2) A violation of subsection (b) is a Class E felony.
(d) A violation by a minor of subdivision (a)(4) is a delinquent act and shall be punishable only by up to thirty (30) hours of community service, without compensation, for charitable or governmental agencies as determined by the court.
(e) As used in this section:
(1) “Communicate” means contacting a person in writing or print or by telephone, wire, radio, electromagnetic, photoelectronic, photooptical, or electronic means, and includes
text messages, facsimile transmissions, electronic mail, instant messages, and messages, images, video, sound recordings, or intelligence of any nature sent through or posted on social networks, social media, or websites;
(2) “Electronic communications service” means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system;

(3) “Image” includes, but is not limited to, a visual depiction, video clip or photograph of another person;
(4) “Log files” mean computer-generated lists that contain various types of information regarding the activities of a computer, including, but not limited to, time of access to certain records, processes running on a computer or the usage of certain computer
resources; and
(5) “Social network” means any online community of people who share interests and activities, or who are interested in exploring the interests and activities of others, and which provides ways for users to interact.
(f)(1) The offense described in this section shall not apply to an entity providing an electronic communications service to the public acting in the normal course of providing that service.
(2) The service providers described in this subsection (f) shall not be required to maintain any record not otherwise kept in the ordinary course of that service provider's business; provided, however, that if any electronic communications service provider operates a website that offers a social network service and the electronic communications service provider provides services to consumers in this state, any log files and images or communications that have been sent, posted, or displayed on the social network service's website and maintained by the electronic communications
service provider shall be disclosed to any governmental entity responsible for enforcing this section only if the governmental entity:
(A) Obtains a warrant issued using this state's warrant procedures by a court of competent jurisdiction;
(B) Obtains a court order for the disclosure under subdivision (f)(4); or

(C) Has the consent of the person who sent, posted, or displayed any log files and images or communications on the social network service's website maintained by the electronic communications service provider.
(3) No cause of action shall lie in any court against any provider of an electronic communications service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order or warrant.
(4) A court order for disclosure under subdivision (f)(2)(B) may be issued by any court that is a court of competent jurisdiction and shall issue only if the governmental entity offers specific and articulable facts showing that there are reasonable grounds to
believe that the contents of an electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. A court order shall not issue if prohibited by the law of this state. A court issuing an order
pursuant to this section, on a motion made promptly by the service provider, may quash or modify the order, if the information or records requested are unusually voluminous in nature or compliance with the order otherwise would cause an undue burden on the provider.

Civil Rights Intimidation - Tennessee Code Title 39.
Criminal Offenses § 39-17-309

(a) The general assembly finds and declares that it is the right of every person regardless of race, color, ancestry, religion or national origin, to be secure and protected from fear, intimidation, harassment and bodily injury caused by the activities of groups and individuals. It is not the intent of this section to interfere with the exercise of rights
protected by the constitution of the United States. The general assembly recognizes the constitutional right of every citizen to harbor and express beliefs on any subject whatsoever and to associate with others who share similar beliefs. The general assembly further finds that the advocacy of unlawful acts by groups or individuals
against other persons or groups for the purpose of inciting and provoking damage to property and bodily injury or death to persons is not constitutionally protected, poses a threat to public order and safety, and should be subject to criminal sanctions.
(b) A person commits the offense of intimidating others from exercising civil rights who:
(1) Injures or threatens to injure or coerces another person with the intent to unlawfully intimidate another from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of the state of Tennessee;
(2) Injures or threatens to injure or coerces another person with the intent to unlawfully intimidate another because that other exercised any right or privilege secured by the constitution or laws of the United States or the constitution or laws of the state of
Tennessee;
(3) Damages, destroys or defaces any real or personal property of another person with the intent to unlawfully intimidate another from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of the state of Tennessee; or
(4) Damages, destroys or defaces any real or personal property of another person with the intent to unlawfully intimidate another because that other exercised any right or privilege secured by the constitution or laws of the United States or the constitution or
laws of the state of Tennessee.
(c) It is an offense for a person to wear a mask or disguise with the intent to violate subsection (b).
(d) A violation of subsection (b) is a Class D felony. A violation of subsection (c) is a
Class A misdemeanor.

(e) The penalties provided in this section for intimidating others from exercising civil rights do not preclude victims from seeking any other remedies, criminal or civil, otherwise available under law.

Stalking and Harassment Definitions - Tennessee Code
Title 39. Criminal Offenses § 39-17-315

(a) As used in this section, unless the context otherwise requires:
(1) “Course of conduct”:
(A) Means a pattern of conduct composed of a series of two (2) or more separate, noncontinuous acts evidencing a continuity of purpose, including, but not limited to, acts in which the defendant directly, indirectly, or through third parties, by any action,
method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to a person, or interferes with a person's property;
(B) Notwithstanding subdivision (a)(1)(A), includes one (1) instance of placing an electronic tracking device, without the consent of a person, on the person or in or on the person's property; and
(C) Does not include the installing, concealing, or placing of an electronic tracking device by or at the direction of a law enforcement officer in furtherance of a criminal investigation that is carried out in accordance with applicable state or federal law;
(2) “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling;
(3) “Harassment” means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable person to suffer emotional distress, and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose;
(4) “Stalking” means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested;
(5) “Unconsented contact” means any contact with another person that is initiated or continued without that person's consent, or in disregard of that person's expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but
is not limited to, any of the following:
(A) Following or appearing within the sight of that person;
(B) Approaching or confronting that person in a public place or on private property;
(C) Appearing at that person's workplace or residence;
(D) Entering onto or remaining on property owned, leased, or occupied by that person;
(E) Contacting that person by telephone;
(F) Sending to that person mail or any electronic communications, including, but not limited to, electronic mail, text messages, or any other type of electronic message sent using the internet, websites, or a social media platform; or
(G) Placing an object on, or delivering an object to, property owned, leased, or occupied by that person; and

(6) “Victim” means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.
(b)(1) A person commits an offense who intentionally engages in stalking.
(2) Stalking is a Class A misdemeanor.
(3) Stalking is a Class E felony if the defendant, at the time of the offense, was required to or was registered with the Tennessee bureau of investigation as a sexual offender, violent sexual offender or violent juvenile sexual offender, as defined in § 40-39-202.
(c)(1) A person commits aggravated stalking who commits the offense of stalking as prohibited by subsection (b), and:
(A) In the course and furtherance of stalking, displays a deadly weapon;
(B)(i) The victim of the offense was less than eighteen (18) years of age at any time during the person's course of conduct, and the person is five (5) or more years older than the victim; or
(ii) The victim of the offense was sixty-five (65) years of age or older at any time during the person's course of conduct;
(C) Has previously been convicted of stalking within seven (7) years of the instant offense;
(D) Makes a credible threat to the victim, the victim's child, sibling, spouse, parent ordependents with the intent to place any such person in reasonable fear of death or
bodily injury; or
(E) At the time of the offense, was prohibited from making contact with the victim under a restraining order or injunction for protection, an order of protection, or any other court-imposed prohibition of conduct toward the victim or the victim's property, and the
person knowingly violates the injunction, order or court-imposed prohibition.
(2) Aggravated stalking is a Class E felony.
(d)(1) A person commits especially aggravated stalking who:
(A) Commits the offense of stalking or aggravated stalking, and has previously been convicted of stalking or aggravated stalking involving the same victim of the instant offense;
(B) Commits the offense of aggravated stalking, and intentionally or recklessly causes serious bodily injury to the victim of the offense or to the victim's child, sibling, spouse, parent or dependent; or
(C) Commits the offense of stalking or aggravated stalking, the person is eighteen (18) years of age or older, and the victim of the offense was less than twelve (12) years of age at any time during the person's course of conduct.
(2) Especially aggravated stalking is a Class C felony.
(e) Notwithstanding any other law, if the court grants probation to a person convicted of stalking, aggravated stalking or especially aggravated stalking, the court may keep the person on probation for a period not to exceed the maximum punishment for the
appropriate classification of offense. Regardless of whether a term of probation is ordered, the court may, in addition to any other punishment otherwise authorized by law, order the defendant to do the following:
(1) Refrain from stalking any individual during the term of probation;
(2) Refrain from having any contact with the victim of the offense or the victim's child, sibling, spouse, parent or dependent;

(3) Be evaluated to determine the need for psychiatric, psychological, or socialcounseling, and, if determined appropriate by the court, to receive psychiatric, psychological or social counseling at the defendant's own expense;
(4) If, as the result of such treatment or otherwise, the defendant is required to take medication, order that the defendant submit to drug testing or some other method by which the court can monitor whether the defendant is taking the required medication;
and
(5) Submit to the use of an electronic tracking device, with the cost of the device andmonitoring the defendant's whereabouts, to be paid by the defendant.
(f) In a prosecution for a violation of this section, evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact with the victim after having been requested by the victim to discontinue the conduct or a
different form of unconsented contact, and to refrain from any further unconsented contact with the victim, is prima facie evidence that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(g)(1) If a person is convicted of aggravated or especially aggravated stalking, or another felony offense arising out of a charge based on this section, the court may order an independent professional mental health assessment of the defendant's need for mental health treatment. The court may waive the assessment, if an adequate
assessment was conducted prior to the conviction.
(2) If the assessment indicates that the defendant is in need of and amenable to mental health treatment, the court may include in the sentence a requirement that the offender undergo treatment, and that the drug intake of the defendant be monitored in the manner best suited to the particular situation. Monitoring may include periodic determinations as to whether the defendant is ingesting any illegal controlled substances or controlled substance analogues, as well as determinations as to whether the defendant is complying with any required or recommended course of treatment that includes the taking of medications.
(3) The court shall order the offender to pay the costs of assessment under this subsection (g), unless the offender is indigent under § 40-14-202.
(h) Any person who reasonably believes they are a victim of an offense under this section, regardless of whether the alleged perpetrator has been arrested, charged or convicted of a stalking-related offense, shall be entitled to seek and obtain an order of
protection in the same manner, and under the same circumstances, as is provided for victims of domestic abuse by title 36, chapter 3, part 6.
(i) When a person is charged and arrested for the offense of stalking, aggravated stalking or especially aggravated stalking, the arresting law enforcement officer shall inform the victim that the person arrested may be eligible to post bail for the offense and to be released until the date of trial for the offense.
(j) If a law enforcement officer or district attorney general believes that the life of a possible victim of stalking is in immediate danger, unless and until sufficient evidence can be processed linking a particular person to the offense, the district attorney general
may petition the judge of a court of record having criminal jurisdiction in that district to enter an order expediting the processing of any evidence in a particular stalking case. If, after hearing the petition, the court is of the opinion that the life of the victim may be in immediate danger if the alleged perpetrator is not apprehended, the court may enter such an order, directed to the Tennessee bureau of investigation, or any other agency or laboratory that may be in the process of analyzing evidence for that particular investigation.

(k)(1) For purposes of determining if a course of conduct amounting to stalking is a single offense or multiple offenses, the occurrence of any of the following events breaks the continuous course of conduct, with respect to the same victim, that constitutes the offense:
(A) The defendant is arrested and charged with stalking, aggravated stalking or especially aggravated stalking;
(B) The defendant is found by a court of competent jurisdiction to have violated an order of protection issued to prohibit the defendant from engaging in the conduct of stalking; or
(C) The defendant is convicted of the offense of stalking, aggravated stalking or especially aggravated stalking.
(2) If a continuing course of conduct amounting to stalking engaged in by a defendant against the same victim is broken by any of the events set out in subdivision (k)(1), any such conduct that occurs after that event commences a new and separate offense.
(l) Stalking may be prosecuted pursuant to § 39-11-103(d).
(m) This section does not prohibit prosecution and conviction under another criminal statute.

Revenge Porn/Non-Consentual Photography - Tennessee
Code Title 39. Criminal Offenses § 39-17-318

(a) A person commits unlawful exposure who, with the intent to cause emotional distress, distributes an image of the intimate part or parts of another identifiable person or an image of an identifiable person engaged in sexually explicit conduct if:

(1) The image was photographed or recorded under circumstances where the parties agreed or understood that the image would remain private; and
(2) The person depicted in the image suffers emotional distress.
(b) As used in this section:
(1) “Emotional distress” has the same meaning as defined in § 39-17-315;
(2) “Identifiable person” means a person who is identifiable from the image itself or from information transmitted in connection with the image;
(3) “Intimate part” means any portion of the primary genital area, buttock, or any portion of the female breast below the top of the areola that is either uncovered or visible through less than fully opaque clothing; and
(4) “Sexually explicit conduct” has the same meaning as defined in § 39-13-301.
(c) Nothing in this section precludes punishment under any other section of law providing for greater punishment.
(d) A violation of subsection (a) is a Class A misdemeanor.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Texas Penal Code - PENAL § 21.16. Unlawful Disclosure
or Promotion of Intimate Visual Material

(a) In this section:
(1) “Intimate parts” means the naked genitals, pubic area, anus, buttocks, or female nipple of a person.
(2) “Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or
advertise or to offer or agree to do any of the above.
(3) “Sexual conduct” means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse.
(4) “Simulated” means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks.
(5) “Visual material” means:
(A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or
(B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.
(b) A person commits an offense if:

(1) without the effective consent of the depicted person and with the intent to harm that person, the person discloses visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct;
(2) at the time of the disclosure, the person knows or has reason to believe that the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private;
(3) the disclosure of the visual material causes harm to the depicted person; and
(4) the disclosure of the visual material reveals the identity of the depicted person in any manner, including through:
(A) any accompanying or subsequent information or material related to the visual material; or
(B) information or material provided by a third party in response to the disclosure of thevisual material.
(c) A person commits an offense if the person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct and the actor makes the threat to obtain a benefit:
(1) in return for not making the disclosure; or
(2) in connection with the threatened disclosure.
(d) A person commits an offense if, knowing the character and content of the visual material, the person promotes visual material described by Subsection (b) on an  Internet website or other forum for publication that is owned or operated by the person.

(e) It is not a defense to prosecution under this section that the depicted person:
(1) created or consented to the creation of the visual material; or
(2) voluntarily transmitted the visual material to the actor.
(f) It is an affirmative defense to prosecution under Subsection (b) or (d) that:
(1) the disclosure or promotion is made in the course of:
(A) lawful and common practices of law enforcement or medical treatment;
(B) reporting unlawful activity; or
(C) a legal proceeding, if the disclosure or promotion is permitted or required by law;
(2) the disclosure or promotion consists of visual material depicting in a public or commercial setting only a person's voluntary exposure of:
(A) the person's intimate parts; or
(B) the person engaging in sexual conduct; or
(3) the actor is an interactive computer service, as defined by 47 U.S.C. Section 230, and the disclosure or promotion consists of visual material provided by another person.
(g) An offense under this section is a state jail felony.
(h) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.

Texas Penal Code - PENAL § 33.07. Online Impersonation

(a) A person commits an offense if the person, without obtaining the other person's consent and with the intent to harm, defraud, intimidate, or threaten any person, uses the name or persona of another person to:
(1) create a web page on a commercial social networking site or other Internet website; or
(2) post or send one or more messages on or through a commercial social networking site or other Internet website, other than on or through an electronic mail program or message board program.
(b) A person commits an offense if the person sends an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or other item of identifying information belonging to any person:
(1) without obtaining the other person's consent;
(2) with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and
(3) with the intent to harm or defraud any person.
(c) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) is a Class A misdemeanor, except that the offense is a felony of the third degree if the actor commits the offense with the intent to solicit a response by emergency personnel.
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

(e) It is a defense to prosecution under this section that the actor is any of the following entities or that the actor's conduct consisted solely of action taken as an employee of any of the following entities:
(1) a commercial social networking site;
(2) an Internet service provider;
(3) an interactive computer service, as defined by 47 U.S.C. Section 230;
(4) a telecommunications provider, as defined by Section 51.002, Utilities Code; or
(5) a video service provider or cable service provider, as defined by Section 66.002, Utilities Code.
(f) In this section:
(1) “Commercial social networking site” means any business, organization, or other similar entity operating a website that permits persons to become registered users for the purpose of establishing personal relationships with other users through direct or real-time communication with other users or the creation of web pages or profiles available to the public or to other users. The term does not include an electronic mail program or a message board program.
(2) “Identifying information” has the meaning assigned by Section 32.51.

Texas Penal Code - PENAL § 42.07. Harassment
<Text of (a) as provided by Acts 2023, 88th Leg., ch. 839 (H.B. 2715).>

(a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:

(1) initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;
(2) threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person's family or household, or the person's property;
(3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury;
(4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm,abuse, torment, embarrass, or offend another;
(5) makes a telephone call and intentionally fails to hang up or disengage the connection;
(6) knowingly permits a telephone under the person's control to be used by another to commit an offense under this section;
(7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another;
(8) publishes on an Internet website, including a social media platform, repeated electronic communications in a manner reasonably likely to cause emotional distress, abuse, or torment to another person, unless the communications are made in connection with a matter of public concern; or
(9) tracks or monitors the personal property or motor vehicle of another person, without the other person's effective consent, including by:

(A) using a tracking application on the person's personal electronic device or using a tracking device; or
(B) physically following the other person or causing any person to physically follow the other person.
<Text of (a) as provided by Acts 2023, 88th Leg., ch. 1118 (H.B. 1427).>
(a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:
(1) initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;
(2) threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person's family or household, or the person's property;
(3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury;
(4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another;
(5) makes a telephone call and intentionally fails to hang up or disengage the connection;
(6) knowingly permits a telephone under the person's control to be used by another to commit an offense under this section;

(7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another;
(8) publishes on an Internet website, including a social media platform, repeated electronic communications in a manner reasonably likely to cause emotional distress, abuse, or torment to another person, unless the communications are made in
connection with a matter of public concern; or
(9) makes obscene, intimidating, or threatening telephone calls or other electronic communications from a temporary or disposable telephone number provided by anInternet application or other technological means.
(b) In this section:
(1) “Electronic communication” means a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. The term includes:
(A) a communication initiated through the use of electronic mail, instant message, network call, a cellular or other type of telephone, a computer, a camera, text message, a social media platform or application, an Internet website, any other Internet-based
communication tool, or facsimile machine; and
(B) a communication made to a pager.
(2) “Family” and “household” have the meaning assigned by Chapter 71, Family Code.
(3) “Obscene” means containing a patently offensive description of or a solicitation to commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function.

(c) An offense under this section is a Class B misdemeanor, except that the offense is a
Class A misdemeanor if:
(1) the actor has previously been convicted under this section; or
(2) the offense was committed under Subsection (a)(7) or (8) and:
(A) the offense was committed against a child under 18 years of age with the intent that the child:
(i) commit suicide; or
(ii) engage in conduct causing serious bodily injury to the child; or
(B) the actor has previously violated a temporary restraining order or injunction issued under Chapter 129A, Civil Practice and Remedies Code.
(d) In this section, “matter of public concern” has the meaning assigned by Section 27.001, Civil Practice and Remedies Code.
(e) For purposes of Subsection (a)(9), it is presumed that a person did not give effective consent to the actor's conduct if:
(1) an application for a protective or restraining order against or with respect to the actor has been filed by or on behalf of the person under Subchapter A, Chapter 7B, Code
of Criminal Procedure, Article 17.292, Code of Criminal Procedure, Section 6.504, Family Code, or Subtitle B, Title 4, Family Code, or an order has been issued against or with respect to the actor under one of those provisions; or
(2) the person is married to the actor and a petition for dissolution of marriage has been filed, or the person was previously married to the actor and the marriage has been dissolved.

Texas Penal Code - PENAL § 42.072. Stalking

(a) A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed at a specific other person, knowingly engages in conduct that:
(1) constitutes an offense under Section 42.07, or that the actor knows or reasonably should know the other person will regard as threatening:
(A) bodily injury or death for the other person; or
(B) that an offense will be committed against:
(i) a member of the other person's family or household;
(ii) an individual with whom the other person has a dating relationship; or
(iii) the other person's property;
(2) causes the other person, a member of the other person's family or household, or an individual with whom the other person has a dating relationship:
(A) to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person, a member of the other person's family or household, or an individual with whom the other person has a dating relationship, or the other person's property; or
(B) to feel harassed, terrified, intimidated, annoyed, alarmed, abused, tormented, embarrassed, or offended; and
(3) would cause a reasonable person under circumstances similar to the circumstances of the other person to:

(A) fear bodily injury or death for the person;
(B) fear that an offense will be committed against a member of the person's family or household or an individual with whom the person has a dating relationship;
(C) fear that an offense will be committed against the person's property; or
(D) feel harassed, terrified, intimidated, annoyed, alarmed, abused, tormented,embarrassed, or offended.
(b) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor has previously been convicted of an offense under this section or of an offense under any of the following laws that contains elements that are substantially similar to the elements of an offense under this section:
(1) the laws of another state;
(2) the laws of a federally recognized Indian tribe;
(3) the laws of a territory of the United States; or
(4) federal law.
(c) For purposes of this section, a trier of fact may find that different types of conduct described by Subsection (a), if engaged in on more than one occasion, constitute conduct that is engaged in pursuant to the same scheme or course of conduct.
(d) In this section:
(1) “Dating relationship,” “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code.

(2) “Property” includes a pet, companion animal, or assistance animal, as defined by
Section 121.002, Human Resources Code.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Utah Code Title 76. Utah Criminal Code § 76-5-106.
Harassment
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits harassment if, with intent to frighten or harass another, the actor communicates a written or recorded threat to commit a violent felony.
(3) A violation of Subsection (2) is a class B misdemeanor.
Utah Code Title 76. Utah Criminal Code § 76-5-106.5.
Stalking--Definitions--Injunction--Penalties--Duties of
law enforcement officer
(1)(a) As used in this section:
(i) “Course of conduct” means two or more acts directed at or toward a specific individual, including:
(A) acts in which the actor follows, monitors, observes, photographs, surveils, threatens, or communicates to or about an individual, or interferes with an individual's property:
(I) directly, indirectly, or through any third party; and
(II) by any action, method, device, or means; or
(B) when the actor engages in any of the following acts or causes someone else to engage in any of these acts:
(I) approaches or confronts an individual;

(II) appears at the individual's workplace or contacts the individual's employer or coworker;
(III) appears at an individual's residence or contacts an individual's neighbor, or enters
property owned, leased, or occupied by an individual;
(IV) sends material by any means to the individual or for the purpose of obtaining or disseminating information about or communicating with the individual to a member of the individual's family or household, employer, coworker, friend, or associate of the
individual;
(V) places an object on or delivers an object to property owned, leased, or occupied by an individual, or to the individual's place of employment with the intent that the object be delivered to the individual; or
(VI) 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.
(ii)(A) “Emotional distress” means significant mental or psychological suffering, whether or not medical or other professional treatment or counseling is required.
(B) “Emotional distress” includes significant mental or psychological suffering resulting from harm to an animal.
(iii) “Immediate family” means a spouse, parent, child, sibling, or any other individual who regularly resides in the household or who regularly resided in the household within the prior six months.
(iv) “Private investigator” means the same as that term is defined in Section 76-9-408.
(v) “Reasonable person” means a reasonable person in the victim's circumstances.

(vi) “Stalking” means an offense as described in Subsection (2).
(vii) “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 individual's telephone or computer by addressing the communication to the recipient's
telephone number.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits stalking if the actor intentionally or knowingly:
(a) engages in a course of conduct directed at a specific individual and knows or is reckless as to whether the course of conduct would cause a reasonable person:
(i) to fear for the individual's own safety or the safety of a third individual; or
(ii) to suffer other emotional distress; or
(b) violates:
(i) a stalking injunction issued under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions; or
(ii) a permanent criminal stalking injunction issued under Title 78B, Chapter 7, Part 9,
Criminal Stalking Injunctions.
(3)(a) A violation of Subsection (2) is a class A misdemeanor:
(i) upon the actor's first violation of Subsection (2); or
(ii) if the actor violated a stalking injunction issued under Title 78B, Chapter 7, Part 7,
Civil Stalking Injunctions.

(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree felony if the actor:
(i) has been previously convicted of an offense of stalking;
(ii) has been previously convicted in another jurisdiction of an offense that is substantially similar to the offense of stalking;
(iii) has been previously convicted of any felony offense in Utah or of any crime in another jurisdiction which if committed in Utah would be a felony, in which the victim of the stalking offense or a member of the victim's immediate family was also a victim of the previous felony offense;
(iv) violated a permanent criminal stalking injunction issued under Title 78B, Chapter 7,
Part 9, Criminal Stalking Injunctions; or
(v) has been or is at the time of the offense a cohabitant, as defined in Section
78B-7-102, of the victim.
(c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a second degree felony if the actor:
(i) used a dangerous weapon or used other means or force likely to produce death or serious bodily injury, in the commission of the crime of stalking;
(ii) has been previously convicted two or more times of the offense of stalking;
(iii) has been convicted two or more times in another jurisdiction or jurisdictions of offenses that are substantially similar to the offense of stalking;
(iv) has been convicted two or more times, in any combination, of offenses under Subsection (3)(b)(i), (ii), or (iii);

(v) has been previously convicted two or more times of felony offenses in Utah or of crimes in another jurisdiction or jurisdictions which, if committed in Utah, would be felonies, in which the victim of the stalking was also a victim of the previous felony offenses; or
(vi) has been previously convicted of an offense under Subsection (3)(b)(iv) or (v).
(4) In a prosecution under this section, it is not a defense that the actor:
(a) was not given actual notice that the course of conduct was unwanted; or
(b) did not intend to cause the victim fear or other emotional distress.
(5) An offense of stalking may be prosecuted under this section in any jurisdiction where one or more of the acts that is part of the course of conduct was initiated or caused an effect on the victim.
(6)(a) Except as provided in Subsection (6)(b), an actor does not violate this section if the actor is acting:
(i) in the actor's official capacity as a law enforcement officer, governmental investigator, or private investigator; and
(ii) for a legitimate official or business purpose.
(b) A private investigator is not exempt from this section if the private investigator engages in conduct that would constitute a ground for disciplinary action under Section 53-9-118.
(7)(a) A permanent criminal stalking injunction limiting the contact between the actor and victim may be filed in accordance with Section 78B-7-902.

(b) This section does not preclude the filing of criminal information for stalking based on the same act which is the basis for the violation of the stalking injunction issued under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions, or a permanent criminal
stalking injunction issued under Title 78B, Chapter 7, Part 9, Criminal Stalking Injunctions.
(8)(a) A law enforcement officer who responds to an allegation of stalking shall use all reasonable means to protect the victim and prevent further violence, including:
(i) taking action that, in the officer's discretion, is reasonably necessary to provide for the safety of the victim and any family or household member;
(ii) confiscating the weapon or weapons involved in the alleged stalking;
(iii) making arrangements for the victim and any child to obtain emergency housing or shelter;
(iv) providing protection while the victim removes essential personal effects;
(v) arranging, facilitating, or providing for the victim and any child to obtain medical treatment; and
(vi) arranging, facilitating, or providing the victim with immediate and adequate notice of the rights of victims and of the remedies and services available to victims of stalking, in accordance with Subsection (8)(b).
(b)(i) A law enforcement officer shall give written notice to the victim in simple language, describing the rights and remedies available under this section and Title 78B,
Chapter 7, Part 7, Civil Stalking Injunctions.
(ii) The written notice shall also include:

(A) a statement that the forms needed in order to obtain a stalking injunction are available from the court clerk's office in the judicial district where the victim resides or is temporarily domiciled; and
(B) a list of shelters, services, and resources available in the appropriate community, together with telephone numbers, to assist the victim in accessing any needed assistance.
(c) If a weapon is confiscated under this Subsection (8), the law enforcement agency shall return the weapon to the individual from whom the weapon is confiscated if a stalking injunction is not issued or once the stalking injunction is terminated.

Utah Code Title 76. Utah Criminal Code § 76-5-107.

Threat of violence--Penalty
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits a threat of violence if the actor:
(a)(i) threatens to commit an offense:
(A) under Title 76, Chapter 5, Part 4, Sexual Offenses; or
(B) involving bodily injury, death, or substantial property damage; and
(ii) acts with intent to place an individual in fear:
(A) that the actor will imminently commit an offense under Title 76, Chapter 5, Part 4,
Sexual Offenses, against the individual; or
(B) of imminent serious bodily injury, substantial bodily injury, or death; or

(b) makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to an individual.
(3)(a) A violation of Subsection (2) is a class B misdemeanor.
(b) An actor who commits an offense under this section is subject to punishment for that offense, in addition to any other offense committed, including the carrying out of the threatened act.
(4) It is not a defense under this section that the actor did not attempt to or was incapable of carrying out the threat.
(5) A threat under Subsection (2) may be express or implied.
Utah Code Title 76. Utah Criminal Code § 76-5b-203.
Distribution of an intimate image--Penalty
(1)(a) As used in this section:
(i) “Intimate image” means any visual depiction, photograph, film, video, recording, picture, or computer or computer-generated image, picture, or video, whether made or produced by electronic, mechanical, or other means, that depicts:
(A) exposed human male or female genitals or pubic area, with less than an opaque covering;
(B) a female breast with less than an opaque covering, or any portion of the female breast below the top of the areola; or
(C) the individual engaged in any sexually explicit conduct.
(ii) “Sexually explicit conduct” means actual or simulated:

(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between individuals of the same or opposite sex;
(B) masturbation;
(C) bestiality;
(D) sadistic or masochistic activities;
(E) exhibition of the genitals, pubic region, buttocks, or female breast of any individual;
(F) visual depiction of nudity or partial nudity;
(G) fondling or touching of the genitals, pubic region, buttocks, or female breast; or
(H) explicit representation of the defecation or urination functions.
(iii) “Simulated sexually explicit conduct” means a feigned or pretended act of sexually explicit conduct that duplicates, within the perception of an average person, the appearance of an actual act of sexually explicit conduct.
(iv) “Single criminal episode” means the same as that term is defined in Section 76-1-401.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2)(a) An actor commits the offense of distribution of an intimate image if:
(i) the actor knowingly or intentionally distributes to a third party, or knowingly duplicates or copies an intimate image of an individual who is 18 years old or older and knows or should know that the distribution, duplication or copying would cause a reasonable person to suffer emotional distress or harm;

(ii) the actor has not received consent from the individual depicted in the image to distribute the intimate image;
(iii) the intimate image was created by or provided to the actor under circumstances in which the individual depicted in the image has a reasonable expectation of privacy; and
(iv) except as provided in Subsection (2)(b), actual emotional distress or harm is caused to the individual depicted in the image as a result of the distribution.
(b) Subsection (2)(a)(iv) is not an element of the offense described in Subsection (2)(a)
if:
(i) the individual depicted in the intimate image was the victim of a crime;
(ii) the intimate image was provided to law enforcement as part of an investigation or prosecution of a crime committed against the victim;
(iii) the intimate image was distributed without a legitimate law enforcement or investigative purpose by an individual who had access to the intimate image due to the individual's association with the investigation or prosecution described in Subsection
(2)(b)(ii); and
(iv) the victim is incapacitated or deceased.
(3)(a) A violation of Subsection (2) is a class A misdemeanor.
(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree felony on a second or subsequent conviction for an offense under this section that does not arise from a single criminal episode.
(4) This section does not apply to:
(a) except as provided in Section 76-5b-203.5:

(i) lawful practices of law enforcement agencies;
(ii) prosecutorial agency functions;
(iii) the reporting of a criminal offense;
(iv) court proceedings or any other judicial proceeding; or
(v) lawful and generally accepted medical practices and procedures;
(b) an intimate image if the individual portrayed in the image voluntarily allows public exposure of the image;
(c) an intimate image that is portrayed in a lawful commercial setting; or
(d) an intimate image that is related to a matter of public concern or interest.
(5)(a) This section does not apply to an Internet service provider or interactive computer service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications service, information service, or mobile service as defined in 47 U.S.C. Sec. 153,
including a commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable operator as defined in 47 U.S.C. Sec. 522, if:
(i) the distribution of an intimate image by the Internet service provider occurs only incidentally through the provider's function of:
(A) transmitting or routing data from one person to another person; or
(B) providing a connection between one person and another person;
(ii) the provider does not intentionally aid or abet in the distribution of the intimate image; and

(iii) the provider does not knowingly receive from or through a person who distributes the intimate image a fee greater than the fee generally charged by the provider, as a specific condition for permitting the person to distribute the intimate image.
(b) This section does not apply to a hosting company, as defined in Section 76-10-1230,
if:
(i) the distribution of an intimate image by the hosting company occurs only incidentally through the hosting company's function of providing data storage space or data caching to a person;
(ii) the hosting company does not intentionally engage, aid, or abet in the distribution of the intimate image; and
(iii) the hosting company does not knowingly receive from or through a person who distributes the intimate image a fee greater than the fee generally charged by the provider, as a specific condition for permitting the person to distribute, store, or cache the intimate image.
(c) A service provider, as defined in Section 76-10-1230, is not negligent under this section if it complies with Section 76-10-1231.

Utah Code Title 76. Utah Criminal Code § 76-9-201.
Electronic communication
harassment--Definitions--Penalties

(1) As used in this section:
(a)(i) “Adult” means an individual 18 years old or older.
(ii) “Adult” does not include an individual who is 18 years old and enrolled in high school.

(b) “Electronic communication” means a communication by electronic, electro-mechanical, or electro-optical communication device for the transmission and reception of audio, image, or text but does not include broadcast transmissions or similar communications that are not targeted at a specific individual.
(c) “Electronic communication device” includes a telephone, a facsimile machine, electronic mail, a pager, a computer, or another device or medium that can be used to communicate electronically.
(d)(i) “Minor” means an individual who is younger than 18 years old.
(ii) “Minor” includes an individual who is 18 years old and enrolled in high school.
(e) “Minor victim” means a minor who is a victim of a violation of Subsection (4).
(f) “Personal identifying information” means the same as that term is defined in Section 76-6-1101.
(2) Except to the extent the person's conduct constitutes an offense under Section 76-9-203, a person is guilty of electronic communication harassment and subject to prosecution in the jurisdiction where the communication originated or was received if
with intent to intimidate, abuse, threaten, harass, frighten, or disrupt the electronic communications of another, the person:
(a)(i) makes repeated contact by means of electronic communications, regardless of whether a conversation ensues; or
(ii) after the recipient has requested or informed the person not to contact the recipient, and the person repeatedly or continuously:
(A) contacts the electronic communication device of the recipient; or

(B) causes an electronic communication device of the recipient to ring or to receive other notification of attempted contact by means of electronic communication;
(b) makes contact by means of electronic communication and insults, taunts, or challenges the recipient of the communication or any person at the receiving location in a manner likely to provoke a violent or disorderly response;
(c) makes contact by means of electronic communication and threatens to inflict injury, physical harm, or damage to any person or the property of any person; or
(d) causes disruption, jamming, or overload of an electronic communication system through excessive message traffic or other means utilizing an electronic communication device.
(3) A person is guilty of electronic communication harassment if the person:
(a) electronically publishes, posts, or otherwise discloses personal identifying information of another individual in a public online site or forum with the intent to abuse, threaten, or disrupt the other individual's electronic communication and without the other individual's permission; or
(b) sends a communication by electronic mail, instant message, or other similar means, if:
(i) the communication references personal identifying information of another individual;
(ii) the person sends the communication:
(A) without the individual's consent; and
(B) with the intent to cause a recipient of the communication to reasonably believe that the individual authorized or sent the communication; and

(iii) with the intent to:
(A) cause an individual physical, emotional, or economic injury or damage; or
(B) defraud an individual.
(4) A person is guilty of electronic communication harassment if:
(a) the person:
(i) is an adult;
(ii) electronically publishes, posts, or otherwise discloses in a public online site or forum personal identifying information of a minor who is unrelated by blood, marriage, or adoption to the person; and
(iii) knows of, but consciously disregards, a substantial and unjustifiable risk that performing the action described in Subsection (4)(a)(ii) will result in the minor being the victim of an offense described in Title 76, Chapter 5, Offenses Against the Individual;
and
(b) the minor described in Subsection (4)(a)(ii) is aware of the person's action described in Subsection (4)(a)(ii).
(5)(a) Except as provided in Subsection (5)(b), a violation of Subsection (2) or (3) is a class B misdemeanor.
(b) A second or subsequent violation of Subsection (2) or (3) is a class A misdemeanor.
(c) A violation of Subsection (4) is a class A misdemeanor.

(6)(a) Except as provided under Subsection (6)(b), criminal prosecution under this section does not affect an individual's right to bring a civil action for damages suffered as a result of the commission of an offense under this section.
(b) This section does not create a civil cause of action based on electronic communications made for legitimate business purposes.
(7)(a) A minor victim has a civil right of action against an actor who violates Subsection
(4).
(b) A minor victim who brings a successful civil action under Subsection (7)(a) is entitled to recover from the actor:
(i) damages resulting from the violation of Subsection (4);
(ii) reasonable attorney fees; and
(iii) court costs.
Utah Code Title 76. Utah Criminal Code § 76-9-203.
Penalty for online impersonation
(1) As used in this section:
(a) “Commercial social networking website” means a person who operates a website that allows a person to register as a user for the purpose of:
(i) establishing a personal relationship with one or more other users through direct or real time communication with the other user; or
(ii) the creation of web pages or profiles available to the public or to other users.

(b) “Commercial social networking website” does not include an electronic mail program or a message board program.
(2) It is a criminal offense for a person to use the name or persona of an individual:
(a) without the individual's consent;
(b)(i) to create a web page on a commercial social networking website or other website; or
(ii) to post or send a message on or through a commercial social networking website or other website, other than on or through an electronic mail program or message board program;
(c) with the intent to cause an individual to reasonably believe that the individual whose name or persona is used authorized or performed the applicable action described in
Subsection (2)(b); and
(d) with the intent to harm, defraud, intimidate, or threaten any individual.
(3)(a) An offense under this section is a class A misdemeanor.
(b) A second or subsequent offense under this section is a third degree felony.
(4) It is a defense to prosecution under this section that the person is one of the following entities or that the person's conduct consisted solely of action taken as an employee of one of the following entities:
(a) a commercial social networking website;
(b) an Internet service provider;
(c) an interactive computer service, as defined in 47 U.S.C. Sec. 230;

(d) a telecommunications provider, as defined in Section 10-1-402;
(e) a cable television service;
(f) an entity that provides cable television service, as defined in Section 10-18-102; or
(g) a law enforcement agency engaged in lawful practices.
Utah Code Title 76. Utah Criminal Code § 76-12-206.
Offenses Related to Privacy, Information, and Communication; Electronic Communication Abuse; Unlawful Online Communication
(1)(a) As used in this section:
(i) "Commercial social networking website" means a person who operates a websitethat allows a person to register as a user for the purpose of:
(A) establishing a personal relationship with one or more other users through direct or real time communication with the other user; or
(B) the creation of a web page or a profile available to the public or to other users.
(ii) "Commercial social networking website" does not include an electronic mail program or a message board program.
(b) Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-201 apply to this section.
(2) An actor commits unlawful online impersonation if the actor uses the name or persona of an individual:
(a) without the individual's consent;

(b)(i) to create a web page on a commercial social networking website or other website;
or
(ii) to post or send a message on or through a commercial social networking website or other website, other than on or through an electronic mail program or message board program;
(c) with the intent to cause an individual to reasonably believe that the individual whose name or persona is used authorized or performed the applicable action described in
Subsection (2)(b); and
(d) with the intent to harm, defraud, intimidate, or threaten any individual.
(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor.
(b) A second or subsequent offense of Subsection (2) is a third degree felony.
(4) It is a defense to prosecution under this section that the actor is one of the following entities or that the actor's conduct consisted solely of action taken as an employee of one of the following entities:
(a) a commercial social networking website;
(b) an Internet service provider;
(c) an interactive computer service, as defined in 47 U.S.C. Sec. 230;
(d) a telecommunications provider, as defined in Section 10-1-402;
(e) a cable television service;
(f) an entity that provides cable television service, as defined in Section 10-18-102; or

(g) a law enforcement agency engaged in lawful practices.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Title 13 : Crimes and Criminal Procedure
Chapter 019 : Breach of the Peace; Disturbances
Subchapter 007 : STALKING
(Cite as: 13 V.S.A. § 1062)
§ 1062. Stalking
Any person who intentionally stalks another person shall be imprisoned not more than two years or fined not more than $5,000.00, or both. (Added 1993, No. 95, § 1.)

Title 13 : Crimes and Criminal Procedure
Chapter 019 : Breach of the Peace; Disturbances
Subchapter 007 : STALKING
(Cite as: 13 V.S.A. § 1063)
§ 1063. Aggravated stalking
(a) A person commits the crime of aggravated stalking if the person
intentionally stalks another person, and:
(1) such conduct violates a court order that prohibits stalking and is in effect at the time of the offense;
(2) has been previously convicted of stalking or aggravated stalking;
(3) has been previously convicted of an offense an element of which
involves an act of violence against the same person;
(4) the person being stalked is under 16 years of age; or
(5) had a deadly weapon, as defined in section 1021 of this title, in his or her possession while engaged in the act of stalking.
(b) A person who commits the crime of aggravated stalking shall be
imprisoned not more than five years or be fined not more than
$25,000.00, or both.
(c) Conduct constituting the offense of aggravated stalking shall be
considered a violent act for the purposes of determining bail. (Added
1993, No. 95, § 1; amended 2005, No. 83, § 5; 2015, No. 162 (Adj.
Sess.), § 5.)

The Vermont Statutes Online

The Statutes below include the actions of the 2025 session of the General Assembly.

NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.

 

Title 13 : Crimes and Criminal Procedure

Chapter 019 : Breach of the Peace; Disturbances

Subchapter 007 : STALKING(Cite as: 13 V.S.A. § 1061)

§ 1061. Definitions

As used in this subchapter:

(1)(A) “Course of conduct” means two or more acts over a period of time, however short, in which a person follows, monitors, surveils, threatens, or makes threats about another person, or interferes with another person’s property. This definition shall apply to acts conducted by the person directly or indirectly, and by any action, method, device, or means. Constitutionally protected activity is not included within the meaning of “course of conduct.”

(B) As used in subdivision (A) of this subdivision (1), threaten shall not be construed to require an express or overt threat.

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

(3) “Reasonable person” means a reasonable person in the victim’s circumstances.

(4) “Stalk” means to engage purposefully in a course of conduct directed at a specific person that the person engaging in the conduct knows or should know would cause a reasonable person to fear for his or her safety or the safety of another or would cause a reasonable person substantial emotional distress. (Added 1993, No. 95, § 1; amended 1999, No. 124 (Adj. Sess.), § 3; 2005, No. 83, § 4; 2013, No. 150 (Adj. Sess.), § 1; 2015, No. 162 (Adj. Sess.), § 5.)  

Subchapter 004 : OTHER DISTURBANCES OF THE PEACE

(Cite as: 13 V.S.A. § 1027)

§ 1027. Disturbing peace by use of telephone or other electronic communications

(a) A person who, with intent to terrify, intimidate, threaten, harass, or annoy, makes contact by means of a telephonic or other electronic communication with another and makes any request, suggestion, or proposal that is obscene, lewd, lascivious, or indecent; threatens to inflict injury or physical harm to the person or property of any person; or disturbs, or attempts to disturb, by repeated telephone calls or other electronic communications, whether or not conversation ensues, the peace, quiet, or right of privacy of any person at the place where the communication or communications are received shall be fined not more than $250.00 or be imprisoned not more than three months, or both. If the defendant has previously been convicted of a violation of this section or of an offense under the laws of another state or of the United States that would have been an offense under this section if committed in this State, the defendant shall be fined not more than $500.00 or imprisoned for not more than six months, or both.

(b) An intent to terrify, threaten, harass, or annoy may be inferred by the trier of fact from the use of obscene, lewd, lascivious, or indecent language or the making of a threat or statement or repeated telephone calls or other electronic communications as set forth in this section and any trial court may in its discretion include a statement to this effect in its jury charge.

(c) An offense committed by use of a telephone or other electronic communication device as set forth in this section shall be considered to have been committed at either the place where the telephone call or calls originated or at the place where the communication or communications or calls were received. (Added 1967, No. 171, § 1; amended 1999, No. 124 (Adj. Sess.), § 2; 2013, No. 150 (Adj. Sess.), § 5.)

 

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

§ 22.1-207.2:1. Anti-bullying or suicide
prevention materials; parental right to review.

Each school board shall develop and implement policies that ensure that parents have the right to review any audio-visual materials that contain graphic sexual or violent content used in any anti-bullying or suicide prevention program. Such policies shall require that prior to using any such material, the parent of the child participating in such a program shall be provided written notice of his right to review the material and his right to excuse his child from participating in the
part of such program utilizing such material. 2019, c. 581.
The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a
comprehensive list of such chapters and may exclude chapters whose provisions have expired. § 22.1-276.01. Definitions.
A. For the purposes of this article, unless the context requires a different meaning: "Alternative education program" includes night school, adult education, or any other education program designed to offer instruction to students for whom the regular program of instruction may be inappropriate. "Bullying" means any aggressive and unwanted behavior that is intended to harm, intimidate, or
humiliate the victim; involves a real or perceived power imbalance between the aggressor or aggressors and victim; and is repeated over time or causes severe emotional trauma. "Bullying"
includes cyberbullying. "Bullying" does not include ordinary teasing, horseplay, argument, or peer conflict. "Cyberbullying" means bullying that occurs through the use of technology, including through
cell phones and other electronic devices or technology capable of accessing the Internet. "Disruptive behavior" means a violation of school board regulations governing student conduct that interrupts or obstructs the learning environment. "Dress or grooming code" means any practice, policy, or portion of a code of student conduct
adopted by a school board that governs or restricts the attire, appearance, or grooming, including hairstyle, of any enrolled student.
"Exclusion" means a Virginia school board's denial of school admission to a student who has been expelled or has been placed on a long-term suspension of more than 30 calendar days by another school board or a private school, either in Virginia or another state, or for whom admission has been withdrawn by a private school in Virginia or another state. "Expulsion" means any disciplinary action imposed by a school board or a committee thereof, as provided in school board policy, whereby a student is not permitted to attend school within the school division and is ineligible for readmission for 365 calendar days after the date of the expulsion.
"Long-term suspension" means any disciplinary action whereby a student is not permitted to attend school for 11 to 45 school days.
"Short-term suspension" means any disciplinary action whereby a student is not permitted to attend school for a period not to exceed 10 school days.
B. For the purposes of §§ 22.1-277.04, 22.1-277.05, 22.1-277.2, and 22.1-277.2:1, "superintendent's designee" means a (i) trained hearing officer or (ii) professional employee within the administrative offices of the school division who reports directly to the division
superintendent and who is not a school-based instructional or administrative employee. 2001, cc. 688, 820; 2013, c. 575; 2018, c. 491; 2020, c. 678; 2025, c. 438.
The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a
comprehensive list of such chapters and may exclude chapters whose provisions have expired.
§ 18.2-60. Threats of death or bodily injury to a person or member of his family; threats of death or discharge of a firearm on school property; threats of death or bodily injury to health care
providers; penalties.
A. 1. Any person who knowingly communicates, in a writing, including an electronically transmitted communication producing a visual or electronic message, including an email, a text message, or a message or post on any social media platform, a threat to kill or do bodily injury to a person, regardless of whether the person who is the object of the threat actually receives the threat, and the threat places such person who is the object of the threat, or any member of his
family, in reasonable apprehension of death or bodily injury to himself or his family member is guilty of a Class 6 felony. However, any person who violates this subsection with the intent to
commit an act of terrorism as defined in § 18.2-46.4 is guilty of a Class 5 felony.
2. Any person who communicates a threat orally or in a writing, including an electronically transmitted communication producing a visual or electronic message, including an email, a text message, or a message or post on any social media platform, to kill or discharge a firearm within or (i) on the grounds or premises of any elementary, middle, or secondary school property; (ii) at any elementary, middle, or secondary school-sponsored event; or (iii) on a school bus to any
person or persons, regardless of whether the person who is the object of the threat actually receives the threat, and the threat would place the person who is the object of the threat, or is
included in the threat, in reasonable apprehension of death or bodily harm is guilty of a Class 6 felony.
3. Any person 18 years of age or older who communicates a threat in writing, including an electronically transmitted communication producing a visual or electronic message such as an email, a text message, or a message or post on any social media platform, to another to kill or to do serious bodily injury to any other person and makes such threat with the intent to (i) intimidate a civilian population at large; (ii) influence the conduct or activities of a government, including the government of the United States, a state, or a locality, through intimidation; or (iii) compel the emergency evacuation, or avoidance, of any place of assembly, any building or other structure, or any means of mass transportation is guilty of a Class 5 felony. Any person younger than 18 years of age who commits such offense is guilty of a Class 1 misdemeanor.
B. Any person who orally makes a threat to kill or to do bodily injury to (i) any employee of any elementary, middle, or secondary school, while on a school bus, on school property, or at a school-sponsored activity or (ii) any health care provider as defined in § 8.01-581.1 who is engaged in the performance of his duties while on the premises of any facility rendering health care as defined in § 8.01-581.1, unless the health care provider is on the premises of any facility rendering health care as defined in § 8.1-581.1 or emergency medical care as a result of an emergency custody order pursuant to § 37.2-808, involuntary temporary detention order pursuant
to § 37.2-809, involuntary hospitalization order pursuant to § 37.2-817, or emergency custody order of a conditionally released acquittee pursuant to § 19.2-182.9, is guilty of a Class 1
misdemeanor.

C. A prosecution pursuant to this section may be in either the county, city, or town in which the communication was made or received.
Code 1950, § 18.1-257; 1960, c. 358; 1973, c. 118; 1975, cc. 14, 15; 1994, c. 265; 1998, cc. 687, 788; 2001, cc. 644, 653; 2002, cc. 588, 623; 2019, c. 506; 2020, c. 1002; 2021, Sp. Sess. I, cc.
83, 84; 2022, c. 336; 2023, c. 200; 2025, c. 588.
The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a
comprehensive list of such chapters and may exclude chapters whose provisions have expired.

§ 18.2-60.3. Stalking; penalty.
A. Any person, except a law-enforcement officer, as defined in § 9.1-101, and acting in the performance of his official duties, and a registered private investigator, as defined in § 9.1-138, who is regulated in accordance with § 9.1-139 and acting in the course of his legitimate business, who on more than one occasion engages in conduct, either in person or through any other means, including by mail, telephone, or an electronically transmitted communication, directed at another person with the intent to place, or when he knows or reasonably should know that the conduct places that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person's family or household member is guilty of a Class 1 misdemeanor. If the person contacts or follows or attempts to contact or follow the person at whom the conduct is directed after being given actual notice that the person does not want to be contacted or followed, such actions shall be prima facie evidence that the person intended to place that other person, or reasonably should have known that the other person was placed, in reasonable fear of death, criminal sexual assault, or bodily injury to himself or a family or household member.
B. Any person who is convicted of a second offense of subsection A occurring within five years of a prior conviction of such an offense under this section or for a substantially similar offense
under the law of any other jurisdiction is guilty of a Class 6 felony.
C. A person may be convicted under this section in any jurisdiction within the Commonwealth wherein the conduct described in subsection A occurred, if the person engaged in that conduct on
at least one occasion in the jurisdiction where the person is tried or in the jurisdiction where the person at whom the conduct is directed resided at the time of such conduct. Evidence of any such
conduct that occurred outside the Commonwealth may be admissible, if relevant, in any prosecution under this section.
D. Upon finding a person guilty under this section, the court shall, in addition to the sentence imposed, issue an order prohibiting contact between the defendant and the victim or the victim's family or household member.
E. The Department of Corrections, sheriff or regional jail director shall give notice prior to the release from a state correctional facility or a local or regional jail of any person incarcerated upon conviction of a violation of this section, to any victim of the offense who, in writing,
requests notice, or to any person designated in writing by the victim. The notice shall be given at least 15 days prior to release of a person sentenced to a term of incarceration of more than 30 days or, if the person was sentenced to a term of incarceration of at least 48 hours but no more than 30 days, 24 hours prior to release. If the person escapes, notice shall be given as soon as practicable following the escape. The victim shall keep the Department of Corrections, sheriff or regional jail director informed of the current mailing address and telephone number of the person named in the writing submitted to receive notice. All information relating to any person who receives or may receive notice under this subsection shall remain confidential and shall not be made available to the person convicted of violating this section.
For purposes of this subsection, "release" includes a release of the offender from a state correctional facility or a local or regional jail (i) upon completion of his term of incarceration or
(ii) on probation or parole.
No civil liability shall attach to the Department of Corrections nor to any sheriff or regional jail director or their deputies or employees for a failure to comply with the requirements of this subsection.
F. For purposes of this section:
"Family or household member" has the same meaning as provided in § 16.1-228. 1992, c. 888; 1994, cc. 360, 521, 739; 1995, c. 824; 1996, cc. 540, 866; 1998, c. 570; 2001, c.
197; 2002, c. 377; 2013, c. 759; 2016, cc. 545, 696, 745; 2022, c. 276.
The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a
comprehensive list of such chapters and may exclude chapters whose provisions have expired.

§ 18.2-152.7:1. Harassment by computer;
penalty.

If any person, with the intent to coerce, intimidate, or harass any person, shall use a computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act, he is guilty of a Class 1 misdemeanor.
2000, c. 849; 2020, c. 1002; 2022, c. 336.
The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a
comprehensive list of such chapters and may exclude chapters whose provisions have expired. § 18.2-186.4. Use of a person's identity with the intent to coerce, intimidate, or harass; penalty.
It shall be unlawful for any person, with the intent to coerce, intimidate, or harass another person, to publish the person's name or photograph along with identifying information as defined in
clauses (iii) through (ix), or clause (xii) of subsection C of § 18.2-186.3, or identification of the person's primary residence address. Any person who violates this section is guilty of a Class 1
misdemeanor. Any person who violates this section knowing or having reason to know that person is a law-enforcement officer, as defined in § 9.1-101, or an active or retired federal or Virginia justice, judge, or magistrate is guilty of a Class 6 felony. The sentence shall include a mandatory minimum term of confinement of six months.
2001, cc. 775, 782; 2007, c. 736; 2010, c. 767; 2023, cc. 801, 802.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. § 18.2-427. Use of profane, threatening, or indecent language over public airways or by other methods.
Any person who uses obscene, vulgar, profane, lewd, lascivious, or indecent language, or makes any suggestion or proposal of an obscene nature, or threatens any illegal or immoral act with the
intent to coerce, intimidate, or harass any person, over any telephone or citizens band radio, in this Commonwealth, is guilty of a Class 1 misdemeanor.
"Over any telephone" includes, for purposes of this section, any electronically transmitted communication producing a visual or electronic message that is received or transmitted by cellular telephone or other wireless telecommunications device.
Code 1950, § 18.1-238; 1960, c. 358; 1964, c. 577; 1975, cc. 14, 15; 1976, c. 312; 1984, c. 592;
2010, c. 565; 2011, c. 246.
The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a
comprehensive list of such chapters and may exclude chapters whose provisions have expired.

§ 8.01-42.3. Civil action for stalking.

A. A victim has a civil cause of action against an individual who engaged in conduct that is prohibited under § 18.2-60.3, whether or not the individual has been charged or convicted for the alleged violation, for the compensatory damages incurred by the victim as a result of that conduct, in addition to the costs for bringing the action. If compensatory damages are awarded, a victim may also be awarded punitive damages.
B. As used in this section:
"Compensatory damages" includes damages for all of the defendant's acts prohibited by § 18.2-60.3.
"Victim" means a person who, because of the conduct of the defendant that is prohibited under § 18.2-60.3, was placed in reasonable fear of death, criminal sexual assault, or bodily injury to
himself or to a minor child of whom the person is a parent or legal guardian.

C. No action shall be commenced under this section more than two years after the most recent
conduct prohibited under § 18.2-60.3. 2001, c. 444.
The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a
comprehensive list of such chapters and may exclude chapters whose provisions have expired.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Washington Revised Code Title 4. Civil Procedure §
4.24.790. Electronic impersonation--Action for invasion
of privacy
(1) The definitions in this subsection apply throughout this section unless the contextclearly requires otherwise.
(a) “Actual person” means a living individual.
(b) “Blog” means a website that is created primarily for the writer to maintain an online personal journal with reflections, comments, or hyperlinks provided by the writer.
(c) “Impersonates” or “impersonation” means using an actual person's name or likeness to create an impersonation that another person would reasonably believe or did reasonably believe was or is the actual person being impersonated.
(d) “Interactive computer service” means any information service, system, or access software provider that provides or enables computer access by multiple users to acomputer server, including specifically a service or system that provides access to the
internet and such systems operated or services offered by libraries or educational institutions.
(e) “Online bulletin board” means a website that is designed specifically for internet users to post and respond to online classified advertisements that are viewable by other internet users.
(f) “Social networking website” means a website that allows a user to create an account or profile for the user for the purposes of, among other things, connecting the user's account or profile to other users' accounts or profiles. A blog is not a social networking website.

(2) A person may be liable in a civil action based on a claim of invasion of privacy when:
(a) The person impersonates another actual person on a social networking website or online bulletin board;
(b) The impersonation was intentional and without the actual person's consent;
(c) The person intended to deceive or mislead for the purpose of harassing, threatening, intimidating, humiliating, or defrauding another; and
(d) The impersonation proximately caused injury to the actual person. Injury may include injury to reputation or humiliation, injury to professional or financial standing, or physical harm.
(3)(a) The actual person who suffered injury by an impersonation in violation of this section may bring an action to recover actual damages, injunctive relief, and declaratory relief. The court may award actual damages, injunctive relief, and declaratory relief as
necessary.
(b) The court may award the prevailing party costs and reasonable attorneys' fees.
(4) This section does not apply when the impersonation was:
(a) For a use set forth in RCW 63.60.070, including for matters of cultural, historical, political, religious, educational, newsworthy, or public interest including, but not limit to, use in works of art, commentary, satire, and parody;
(b) For a use that would violate chapter 63.60 RCW;
(c) Insignificant, de minimis, or incidental use; or
(d) Performed by a law enforcement agency as part of a lawful criminal investigation.

(5) A court of this state may exercise jurisdiction in a suit brought by a Washington resident or against a defendant who is a Washington resident. Jurisdiction over any person who is not a Washington resident may be exercised in a manner consistent with
the laws and Constitution of the state of Washington, including RCW 4.28.185, and the Constitution of the United States.
(6)(a) This section may not be construed to impose any liability on a social networking website, online bulletin board, internet service provider, interactive computer service, computer hardware or software provider, or website operator or administrator or its
employees, unless the provider, operator, administrator, or employee is the person impersonating an actual person. Nothing in this section is intended to preclude other common law causes of action against these entities.
(b) This section may not be construed to limit any other civil cause of action available to a person under statute or common law or any criminal prosecution.
(7) For the purposes of this section, parental liability is limited pursuant to RCW 4.24.190. 2021 Revised Code of Washington
Title 9 - Crimes and Punishments
Chapter 9.61 - Malicious Mischief—Injury to Property.
9.61.260 - Cyberstalking. Universal Citation: WA Rev Code § 9.61.260 (2021)

RCW 9.61.260 Cyberstalking.
(1) A person is guilty of cyberstalking if he or she, with intent to harass, intimidate, torment, or embarrass any other person, and under circumstances not constituting telephone harassment, makes an electronic communication to such other person or a
third party:

(a) Using any lewd, lascivious, indecent, or obscene words, images, or language, or suggesting the commission of any lewd or lascivious act;

(b) Anonymously or repeatedly whether or not conversation occurs; or

(c) Threatening to inflict injury on the person or property of the person called or any member of his or her family or household.

(2) Cyberstalking is a gross misdemeanor, except as provided in subsection (3) of this section.

(3) Cyberstalking is a class C felony if either of the following applies:

(a) The perpetrator has previously been convicted of the crime of harassment, as defined in RCW 9A.46.060, with the same victim or a member of the victim's family or household or any person specifically named in a no-contact order or no-harassment order in this or any other state; or
(b) The perpetrator engages in the behavior prohibited under subsection (1)(c) of this section by threatening to kill the person threatened or any other person.

(4) Any offense committed under this section may be deemed to have been committed either at the place from which the communication was made or at the place where the communication was received.

(5) For purposes of this section, "electronic communication" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means.

"Electronic communication" includes, but is not limited to, electronic mail, internet-based communications, pager service, and electronic text messaging.
[ 2004 c 94 § 1.]

NOTES:
Severability—2004 c 94: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2004 c 94 § 6.]
Effective dates—2004 c 94: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 24, 2004], except for section 3 of this
act, which takes effect July 1, 2004." [ 2004 c 94 § 7.]

Washington Criminal Code § 9A.46.110
Stalking.
(1)(a) A person commits the crime of stalking if, without lawful authority the person:
(i) Intentionally and repeatedly harasses another person;
(ii) Intentionally and repeatedly follows another person;
(iii) Intentionally contacts, follows, tracks, or monitors, or attempts to contact, follow, track, or monitor another person after being given actual notice that the person does not want to be contacted, followed, tracked, or monitored; or
(iv) Knowingly and without consent installs or monitors an electronic tracking device, or causes an electronic tracking device to be installed, placed, or used, to track the location of another person; and
(b) The person being harassed, followed, tracked, or monitored suffers substantial emotional distress or is placed in fear that the stalker intends to injure him or her, or another person, or his or her property or the property of another person, or, in the circumstances identified in (a)(iv) of this subsection, the victim's knowledge of the
tracking device would reasonably elicit substantial emotional distress or fear. The feeling of substantial emotional distress or fear must be one that a reasonable person in the same situation would experience given the totality of the circumstances.
(2)(a) It is not a defense to the crime of stalking under subsection (1)(a)(i), (ii), or (iv) of this section that the stalker was not given actual notice that the person did not want the stalker to contact, follow, track, or monitor him or her; and
(b) It is not a defense to the crime of stalking under subsection (1)(a)(i) of this section that the stalker did not intend to frighten or intimidate the person or place the person in substantial emotional distress.
(3) It shall be a defense to the crime of stalking that the defendant is a licensed private investigator acting within the capacity of his or her license as provided by chapter 18.165 RCW.
(4) The provisions of this section do not apply to the installation, placement, or use of an electronic tracking device by any of the following:
(a) A law enforcement officer, judicial officer, probation or parole officer, or other public employee when any such person is engaged in the lawful performance of official duties and in accordance with state or federal law;
(b) The installation, placement, or use of an electronic tracking device authorized by an order of a state or federal court;
(c) A legal guardian for a disabled adult or a legally authorized individual or organization designated to provide protective services to a disabled adult when the electronic tracking device is installed, placed, or used to track the location of the disabled adult for
which the person is a legal guardian or the individual or organization is designated to provide protective services;
(d) A parent or legal guardian of a minor when the electronic tracking device is installed, placed, or used to track the location of that minor unless the parent or legal guardian is subject to a court order that orders the parent or legal guardian not to assault, threaten,
harass, follow, or contact that minor;
(e) An employer, school, or other organization, who owns the device on which the tracking device is installed and provides the device to a person for use in connection with the person's involvement with the employer, school, or other organization and the use of the device is limited to recovering lost or stolen items; or
(f) The owner of fleet vehicles, when tracking such vehicles. For the purposes of this section, "fleet vehicle" means any of the following:

(i) One or more motor vehicles owned by a single entity and operated by employees or agents of the entity for business or government purposes;
(ii) Motor vehicles held for lease or rental to the general public; or
(iii) Motor vehicles held for sale, or used as demonstrators, test vehicles, or loaner vehicles, by motor vehicle dealers.
(5)(a) Except as provided in (b) of this subsection, a person who stalks another person is guilty of a gross misdemeanor.
(b) A person who stalks another person is guilty of a class B felony if any of the following applies:
(i) The stalker has previously been convicted in this state or any other state of any crime of harassment, as defined in RCW 9A.46.060;
(ii) The stalking violates any protective order protecting the victim;
(iii) The stalker has previously been convicted of a gross misdemeanor or felony stalking offense under this section for stalking another person;
(iv) The stalker was armed with a deadly weapon, as defined in RCW 9.94A.825, while stalking the victim;
(v)(A) The victim is or was a law enforcement officer; judge; juror; attorney; victim advocate; legislator; community corrections' officer; an employee, contract staff person, or volunteer of a correctional agency; court employee, court clerk, or courthouse facilitator; or an employee of the child protective, child welfare, or adult protective
services division within the department of social and health services; and
(B) The stalker stalked the victim to retaliate against the victim for an act the victim performed during the course of official duties or to influence the victim's performance of official duties; or
(vi) The victim is a current, former, or prospective witness in an adjudicative proceeding, and the stalker stalked the victim to retaliate against the victim as a result of the victim's testimony or potential testimony.
(6) As used in this section:
(a) "Actual notice" includes, in addition to any other form of actual notice, circumstances in which the other person has a protective order in effect protecting him or her from the person.

(b) "Contact" includes, in addition to any other form of contact or communication, the sending of an electronic communication to the other person.
(c) "Correctional agency" means a person working for the department of natural resources in a correctional setting or any state, county, or municipally operated agency with the authority to direct the release of a person serving a sentence or term of confinement and includes but is not limited to the department of corrections, the indeterminate sentence review board, and the department of social and health services.
(d) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. "Course of conduct" includes, in addition to any other form of communication, contact, or conduct, the sending of an electronic communication, but does not include constitutionally protected free speech. Constitutionally protected activity is not included within the meaning of "course of conduct."
(e) "Electronic tracking device" means an electronic device that permits a person to remotely determine or monitor the position and movement of another person, vehicle, device, or other personal possession. As used in this subsection (6)(e), "electronic device" includes computer code or other digital instructions that once installed on a digital device, allows a person to remotely track the position of that device.
(f) "Follows" means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the stalker repeatedly and deliberately appears at the person's home, school, place of employment, business, or any other
location to maintain visual or physical proximity to the person is sufficient to find that the stalker follows the person. It is not necessary to establish that the stalker follows the person while in transit from one location to another.
(g) "Harasses" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, torments, or is detrimental to such person, and which serves no legitimate or lawful purpose.
(h) "Protective order" means any temporary or permanent court order prohibiting or limiting violence against, harassment of, contact or communication with, or physical proximity to another person.
(i) "Repeatedly" means on two or more separate occasions.
(j) "Substantial emotional distress" means a mental, emotional, or physical reaction such as anxiety, apprehension, or loss of ability to concentrate or other symptoms, whether or not medical or other professional treatment or counseling is sought or
required, which degrades the victim's quality of life.
[ 2023 c 461 s 1; 2021 c 215 s 111; 2013 c 84 s 29; 2007 c 201 s 1; 2006 c 95 s 3; 2003 c 53 s 70. Prior: 1999 c 143 s 35; 1999 c 27 s 3; 1994 c 271 s 801; 1992 c 186 s 1.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Findings—Intent—2006 c 95: See note following RCW 74.04.790.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Intent—1999 c 27: See note following RCW 9A.46.020.
Purpose—Severability—1994 c 271: See notes following RCW 9A.28.020.
Severability—1992 c 186: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision
to other persons or circumstances is not affected." [ 1992 c 186 s 10.]

Washington Revised Code Title 9A. Washington Criminal
Code § 9A.46.020. Harassment Definition--Penalties

(1) A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(i) To cause bodily injury immediately or in the future to the person threatened or to any other person; or
(ii) To cause physical damage to the property of a person other than the actor; or
(iii) To subject the person threatened or any other person to physical confinement or restraint; or
(iv) Maliciously to do any other act which is intended to substantially harm the personthreatened or another with respect to his or her physical health or safety; and

(b) The person by words or conduct places the person threatened in reasonable fear
that the threat will be carried out. “Words or conduct” includes, in addition to any other form of communication or conduct, the sending of an electronic communication.
(2)(a) Except as provided in (b) of this subsection, a person who harasses another is guilty of a gross misdemeanor.
(b) A person who harasses another is guilty of a class C felony if any of the followingapply: (i) The person has previously been convicted in this or any other state of anycrime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any person specifically named in a no-contact or
no-harassment order; (ii) the person harasses another person under subsection (1)(a)(i) of this section by threatening to kill the person threatened or any other person; (iii) the person harasses a criminal justice participant or election official who is performing his
or her official duties at the time the threat is made; or (iv) the person harasses a criminal justice participant or election official because of an action taken or decision made by the criminal justice participant or election official during the performance of his or her
official duties. For the purposes of (b)(iii) and (iv) of this subsection, the fear from the threat must be a fear that a reasonable criminal justice participant or election official would have under all the circumstances. Threatening words do not constitute
harassment if it is apparent to the criminal justice participant or election official that the person does not have the present and future ability to carry out the threat.
(3) Any criminal justice participant or election official who is a target for threats or harassment prohibited under subsection (2)(b)(iii) or (iv) of this section, and any person residing with him or her, shall be eligible for the address confidentiality program created under RCW 40.24.030.
(4) For purposes of this section, a criminal justice participant includes any (a) federal, state, or local law enforcement agency employee; (b) federal, state, or local prosecuting attorney or deputy prosecuting attorney; (c) staff member of any adult corrections institution or local adult detention facility; (d) staff member of any juvenile corrections
institution or local juvenile detention facility; (e) community corrections officer, probation, or parole officer; (f) member of the indeterminate sentence review board; (g) advocate from a crime victim/witness program; or (h) defense attorney.
(5) For the purposes of this section, an election official includes any staff member of the office of the secretary of state or staff member of a county auditor's office, regardless of whether the member is employed on a temporary or part-time basis, whose duties relate to voter registration or the processing of votes as provided in Title
29A RCW.
(6) The penalties provided in this section for harassment do not preclude the victim from seeking any other remedy otherwise available under law.

Washington Revised Code Title 9A. Washington Criminal
Code § 9A.46.060. Crimes included in harassment

As used in this chapter, “harassment” may include but is not limited to any of the following crimes:
(1) Harassment (RCW 9A.46.020);
(2) Hate crime (RCW 9A.36.080);
(3) Telephone harassment (RCW 9.61.230);
(4) Assault in the first degree (RCW 9A.36.011);
(5) Assault of a child in the first degree (RCW 9A.36.120);
(6) Assault in the second degree (RCW 9A.36.021);

(7) Assault of a child in the second degree (RCW 9A.36.130);
(8) Assault in the fourth degree (RCW 9A.36.041);
(9) Reckless endangerment (RCW 9A.36.050);
(10) Extortion in the first degree (RCW 9A.56.120);
(11) Extortion in the second degree (RCW 9A.56.130);
(12) Coercion (RCW 9A.36.070);
(13) Burglary in the first degree (RCW 9A.52.020);
(14) Burglary in the second degree (RCW 9A.52.030);
(15) Criminal trespass in the first degree (RCW 9A.52.070);
(16) Criminal trespass in the second degree (RCW 9A.52.080);
(17) Malicious mischief in the first degree (RCW 9A.48.070);
(18) Malicious mischief in the second degree (RCW 9A.48.080);
(19) Malicious mischief in the third degree (RCW 9A.48.090);
(20) Kidnapping in the first degree (RCW 9A.40.020);
(21) Kidnapping in the second degree (RCW 9A.40.030);
(22) Unlawful imprisonment (RCW 9A.40.040);
(23) Rape in the first degree (RCW 9A.44.040);
(24) Rape in the second degree (RCW 9A.44.050);

(25) Rape in the third degree (RCW 9A.44.060);
(26) Indecent liberties (RCW 9A.44.100);
(27) Rape of a child in the first degree (RCW 9A.44.073);
(28) Rape of a child in the second degree (RCW 9A.44.076);
(29) Rape of a child in the third degree (RCW 9A.44.079);
(30) Child molestation in the first degree (RCW 9A.44.083);
(31) Child molestation in the second degree (RCW 9A.44.086);
(32) Child molestation in the third degree (RCW 9A.44.089);
(33) Stalking (RCW 9A.46.110);
(34) Cyber harassment (RCW 9A.90.120);
(35) Residential burglary (RCW 9A.52.025);
(36) Violation of a temporary, permanent, or final protective order issued pursuant to chapter 9A.44, 9A.46, 10.99, or 26.09 RCW or any of the former chapters 7.90, 10.14, and 26.50 RCW, or violation of a domestic violence protection order, sexual assault protection order, or antiharassment protection order issued under chapter 7.105 RCW;
(37) Unlawful discharge of a laser in the first degree (RCW 9A.49.020);
(38) Unlawful discharge of a laser in the second degree (RCW 9A.49.030); and
(39) Felony hazing (RCW 28B.10.901(2)(b)).

Washington Revised Code Title 9. Crimes and
Punishments § 9.61.230. Telephone harassment

(1) Every person who, with intent to harass, intimidate, torment or embarrass any other
person, shall make a telephone call to such other person:
(a) Using any lewd, lascivious, profane, indecent, or obscene words or language, or suggesting the commission of any lewd or lascivious act; or
(b) Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or
(c) Threatening to inflict injury on the person or property of the person called or any member of his or her family or household;
is guilty of a gross misdemeanor, except as provided in subsection (2) of this section.
(2) The person is guilty of a class C felony punishable according to chapter 9A.20 RCW if either of the following applies:
(a) That person has previously been convicted of any crime of harassment, as defined in RCW 9A.46.060, with the same victim or member of the victim's family or household or any person specifically named in a no-contact or no-harassment order in this or any
other state; or
(b) That person harasses another person under subsection (1)(c) of this section by threatening to kill the person threatened or any other person.

Washington Revised Code Title 9A. Washington Criminal
Code § 9A.90.120. Cyber harassment

(1) A person is guilty of cyber harassment if the person, with intent to harass or intimidate any other person, and under circumstances not constituting telephone harassment, makes an electronic communication to that person or a third party and the communication:
(a)(i) Uses any lewd, lascivious, indecent, or obscene words, images, or language, or suggests the commission of any lewd or lascivious act;
(ii) Is made anonymously or repeatedly;
(iii) Contains a threat to inflict bodily injury immediately or in the future on the person threatened or to any other person; or
(iv) Contains a threat to damage, immediately or in the future, the property of the person threatened or of any other person; and
(b) With respect to any offense committed under the circumstances identified in (a)(iii) or (iv) of this subsection:
(i) Would cause a reasonable person, with knowledge of the sender's history, to suffer emotional distress or to fear for the safety of the person threatened; or
(ii) Reasonably caused the threatened person to suffer emotional distress or fear for the threatened person's safety.
(2)(a) Except as provided in (b) of this subsection, cyber harassment is a gross misdemeanor.
(b) A person who commits cyber harassment is guilty of a class C felony if any of thefollowing apply:

(i) The person has previously been convicted in this or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any person specifically named in a no-contact or no-harassment order;
(ii) The person cyber harasses another person under subsection (1)(a)(iii) of this section by threatening to kill the person threatened or any other person;
(iii) The person cyber harasses a criminal justice participant or election official who is performing the participant's official duties or election official's official duties at the time the communication is made;
(iv) The person cyber harasses a criminal justice participant or election official because of an action taken or decision made by the criminal justice participant or election official during the performance of the participant's official duties or election official's official duties; or
(v) The person commits cyber harassment in violation of any protective order protecting the victim.
(3) Any criminal justice participant or election official who is a target for threats or harassment prohibited under subsection (2)(b)(iii) or (iv) of this section, and any family members residing with the participant or election official, shall be eligible for the address confidentiality program created under RCW 40.24.030.
(4) For purposes of this section, a criminal justice participant includes any:
(a) Federal, state, or municipal court judge;
(b) Federal, state, or municipal court staff;
(c) Federal, state, or local law enforcement agency employee;

(d) Federal, state, or local prosecuting attorney or deputy prosecuting attorney;
(e) Staff member of any adult corrections institution or local adult detention facility;
(f) Staff member of any juvenile corrections institution or local juvenile detention facility;
(g) Community corrections officer, probation officer, or parole officer;
(h) Member of the indeterminate sentence review board;
(i) Advocate from a crime victim/witness program; or
(j) Defense attorney.
(5) For the purposes of this section, an election official includes any staff member of
the office of the secretary of state or staff member of a county auditor's office, regardless of whether the member is employed on a temporary or part-time basis, whose duties relate to voter registration or the processing of votes as provided in Title
29A RCW.
(6) The penalties provided in this section for cyber harassment do not preclude the victim from seeking any other remedy otherwise available under law.
(7) Any offense committed under this section may be deemed to have been committed either at the place from which the communication was made or at the place where the communication was received.
(8) For purposes of this section, “electronic communication” means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means.
“Electronic communication” includes, but is not limited to, email, internet-based communications, pager service, and electronic text messaging.

Washington Criminal Code § RCW 9A.86.010

Disclosing intimate images.

(1) A person commits the crime of disclosing intimate images when the person knowingly discloses an intimate image of another person and the person disclosing the image:
(a) Obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private;
(b) Knows or should have known that the depicted person has not consented to the disclosure; and
(c) Knows or reasonably should know that disclosure would cause harm to the depicted person.
(2) A person who is under the age of eighteen is not guilty of the crime of disclosing intimate images unless the person:
(a) Intentionally and maliciously disclosed an intimate image of another person;
(b) Obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private; and
(c) Knows or should have known that the depicted person has not consented to the disclosure.
(3) This section does not apply to:
(a) Images involving voluntary exposure in public or commercial settings; or

(b) Disclosures made in the public interest including, but not limited to, the reporting of unlawful conduct, or the lawful and common practices of law enforcement, criminal reporting, legal proceedings, or medical treatment.
(4) This section does not impose liability upon the following entities solely as a result of content provided by another person:
(a) An interactive computer service, as defined in 47 U.S.C. Sec. 230(f)(2);
(b) A mobile telecommunications service provider, as defined in RCW 82.04.065; or
(c) A telecommunications network or broadband provider.
(5) It shall be an affirmative defense to a violation of this section that the defendant is a family member of a minor and did not intend any harm or harassment in disclosing the images of the minor to other family or friends of the defendant. This affirmative defense
shall not apply to matters defined under RCW 9.68A.011.
(6) For purposes of this section:
(a) "Disclosing" includes transferring, publishing, or disseminating, as well as making a digital depiction available for distribution or downloading through the facilities of a telecommunications network or through any other means of transferring computer programs or data to a computer;
(b) "Intimate image" means any photograph, motion picture film, videotape, digital image, or any other recording or transmission of another person who is identifiable from the image itself or from information displayed with or otherwise connected to the
image, and that was taken in a private setting, is not a matter of public concern, and depicts:

(i) Sexual activity, including sexual intercourse as defined in RCW 9A.44.010 and masturbation; or
(ii) A person's intimate body parts, whether nude or visible through less than opaque clothing, including the genitals, pubic area, anus, or postpubescent female nipple.
(7) The crime of disclosing intimate images:
(a) Is a gross misdemeanor on the first offense; or
(b) Is a class C felony if the defendant has one or more prior convictions for a violation
of this section or RCW 9A.86.030.
(8) Nothing in this section is construed to:
(a) Alter or negate any rights, obligations, or immunities of an interactive service provider under 47 U.S.C. Sec. 230; or
(b) Limit or preclude a plaintiff from securing or recovering any other available remedy.
[ 2024 c 88 s 8; 2016 c 91 s 1; 2015 2nd sp.s. c 7 s 1.]

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

W. VA. CODE ANN. § 53-8-4 (WEST 2023). PETITION SEEKING RELIEF
(a) Underlying acts. -- A petitioner may seek relief under this article by filing with a magistrate court
a petition that alleges the commission of any of the following acts against the petitioner by the
respondent:
(1) A sexual offense or attempted sexual offense as defined in section one of this article;West Virginia, 
(2) A violation of subsection (a), section nine-a, article two, chapter sixty-one of this code;1 or
(3) repeated credible threats of bodily injury when the person making the threats knows or has
reason to know that the threats cause another person to reasonably fear for his or her safety.
(b) Contents. –
The petition shall:
(1) Be verified and provide notice to the petitioner that an individual who knowingly provides false information in the petition is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in subsection (d) of this section;
(2) Subject to the provisions of subsection (c) of this section, contain the address of the petitioner; and
(3) Include all information known to the petitioner of:
(A) The nature and extent of the act specified in subsection (a) of this section for which the relief is being sought, including information known to the petitioner concerning previous harm or injury resulting from an act specified in subsection (a) of this section by the
respondent;
(B) Each previous and pending action between the parties in any court; and
(C) The whereabouts of the respondent.
(c) Address may be stricken. -- If, in a proceeding under this article, a petitioner alleges, and the court finds, that the disclosure of the address of the petitioner would risk further harm to the
petitioner or a member of the petitioner's household, that address may be stricken from the petition and omitted from all other documents filed with, or transferred to, a court.
(d) Providing false information. -- An individual who knowingly provides false information in a petition filed under this section is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than $50 nor more than $1,000 or confined in jail not more than ninety days, or both.
(e) Withdrawal or dismissal of a petition prior to adjudication operates as a dismissal without
prejudice. -- No action for a personal safety order may be dismissed because the respondent is being prosecuted for a crime against the petitioner. For any action commenced under this article,
dismissal of a case or a finding of not guilty, does not require dismissal of the action for a civil protection order.

1 Harassment/stalking statute West Virginia, 
(f) Venue. -- The action may be heard in the county in which any underlying act occurred for which
relief is sought in the petition, in the county in which the respondent is living, or in the county in which the petitioner is living, either temporarily or permanently.

W. VA. CODE ANN. § 53-8-10 (WEST 2023). STATEMENT CONCERNING VIOLATIONS
A temporary personal safety order and final personal safety order issued under this article shall state that a violation of the order may result in:
(1) Criminal prosecution; and
(2) Incarceration, fine or both.

W. VA. CODE ANN. § 53-8-11 (WEST 2023). PENALTIES
(a) Fines or incarceration. -- An individual who fails to comply with the relief granted in a temporary personal safety order or a final personal safety order entered pursuant to this article is guilty of a
misdemeanor and, upon conviction thereof, shall:
(1) For a first offense, be fined not more than $1,000 or confined in jail not more than ninety days, or both; and
(2) For a second or subsequent offense, be fined not more than $2,500 or confined in jail not more than one year, or both.
(b) Arrest. -- A law-enforcement officer shall arrest with or without a warrant and take into custody an individual who the officer has probable cause to believe is in violation of a temporary or final
personal safety order in effect at the time of the violation.

W. VA. CODE ANN. § 61-2-9A (WEST 2023). STALKING, HARASSMENT; PENALTIES;
DEFINITIONS
(a) Stalking. -- Any person who engages in a course of conduct directed at another person with the intent to cause the other person to fear for his or her personal safety, the safety of others, or suffer substantial emotional distress, or causes a third person to so act, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, confined in jail for not more than six months, or both fined and confined. 
(b) Harassment. -- Any person who harasses or repeatedly makes credible threats against another is
guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than
six months, or fined not more than $1,000, or both fined and confined.
(c) Notwithstanding any provision of this code to the contrary, any person who violates the
provisions of subsection (a) or (b) of this section in violation of an order entered by a circuit court,
magistrate court, or family court judge, in effect and entered pursuant to § 48-5-501, § 48-5-
601, or § 48-27-403 of this code, is guilty of a misdemeanor and, upon conviction thereof, shall
be confined in jail for not less than 90 days nor more than one year, or fined not less than $2,000
nor more than $5,000, or both fined and confined.
(d) A second or subsequent conviction for a violation of subsection (a) or (b) of this section is a felony punishable by imprisonment in a state correctional facility for not less than one year nor more than five years, or fined not less than $3,000 nor more than $10,000, or both fined and imprisoned.
(e) Notwithstanding any provision of this code to the contrary, any person against whom a protective order is in effect for injunctive relief pursuant to the provisions of § 48-5-608 or § 48-27-501 of
this code, who has been served with a copy of said order, who commits a violation of the provisions of this section, in which the subject in the protective order is the victim, shall be guilty
of a felony and, upon conviction thereof, be imprisoned in a state correctional facility for not less than one year nor more than five years, or fined not less than $3,000 nor more than $10,000, or
both fined and imprisoned.
(f) Notwithstanding any provision of this code to the contrary, any person against whom a protective order is in effect pursuant to the provisions of § 53-8-7 of this code, who has been previously
served with a copy of said order, who commits a violation of the provisions of this section, in which the subject in the protective order is the victim, is guilty of a felony and, upon conviction
thereof, punishable by imprisonment in a state correctional facility for not less than one year nor more than five years, or fined not less than $3,000 nor more than $10,000, or both fined and
confined.
(g) Notwithstanding any provision of this code to the contrary, any person who harasses another person with the intent to cause the person to physically injure himself or herself, or to take his or
her own life, or who continues to harass another, knowing or having reason to know that the person is likely to physically injure himself or herself, or to take his or her own life based, in whole or in part, on such harassment or stalking, is guilty of a felony and, upon conviction, shall be imprisoned in a state correctional facility for a determinate sentence of not less than two years nor more than 10 years.
(h) For the purposes of this section:
(1) “Bodily injury” means substantial physical pain, illness, or any impairment of physical
condition;

(2) “Course of conduct” means a pattern of conduct composed of two or more acts in which a
defendant directly, indirectly, or through a third party by any action, method, device, or means:
(A) Follows, monitors, observes, surveils, or threatens a specific person or persons;
(B) Engages in other nonconsensual contact and/or communications, including contact through electronic communication, with a specific person or persons; or
(C) Interferes with or damages a person's property or pet;
(3) “Credible threat” means a threat of bodily injury made with the apparent ability to carry out the threat and with the result that a reasonable person would believe that the threat could be
carried out;
(4) “Harasses” means a willful course of conduct directed at a specific person or persons which would cause a reasonable person mental injury or emotional distress and which serves no legitimate or lawful purpose;
(5) “Immediate family” means a spouse, parent, stepparent, mother-in-law, father-in-law, child, stepchild, sibling, or any person who regularly resides in the household or within the prior six months regularly resided in the household; and
(6) “Repeatedly” means on two or more occasions.
(i) Any person convicted under the provisions of this section who is granted probation or for whom execution or imposition of a sentence or incarceration is suspended, shall have as a condition of
probation or suspension of sentence that he or she participate in counseling or medical treatment as directed by the court.
(j) Upon conviction, the court may issue an order restraining the defendant from any contact with
the victim for a period not to exceed 10 years. The length of any restraining order shall be based upon the seriousness of the violation before the court, the probability of future violations, and the
safety of the victim or his or her immediate family. The duration of the restraining order may be longer than five years only in cases when a longer duration is necessary to protect the safety of
the victim or his or her immediate family.
(k) It is a condition of bond for any person accused of the offense described in this section that the person is to have no contact, direct or indirect, verbal or physical, with the alleged victim.
(l) Nothing in this section may be construed to preclude a sentencing court from exercising its power to impose home confinement with electronic monitoring as an alternative sentence.
(m) The Governor's Committee on Crime, Delinquency, and Correction, after consultation with representatives of labor, licensed domestic violence programs, and rape crisis centers which meet the standards of the West Virginia Foundation for Rape Information and Services, is authorized to promulgate legislative rules and emergency rules pursuant to § 29A-3-1 et seq. of this code, establishing appropriate standards for the enforcement of this section by state,
county, and municipal law-enforcement officers and agencies.

W. VA. CODE ANN. § 61-3C-14A (WEST 2023). OBSCENE, ANONYMOUS, HARASSING, AND THREATENING COMMUNICATIONS BY COMPUTER, CELL PHONES, AND ELECTRONIC COMMUNICATION
DEVICES; PENALTY
(a) It is unlawful for any person, with the intent to harass or abuse another person, to use a computer, mobile phone, personal digital assistant or other electronic communication device to:
(1) Make contact with another person without disclosing his or her identity with the intent to harass or abuse;
(2) Make contact with a person after being requested by the person to desist from contacting them: Provided, that a communication made by a lender or debt collector to a consumer, regarding an overdue debt of the consumer that does not violate chapter forty-six-a of this code, does not violate this subsection;
(3) Threaten to commit a crime against any person or property; or
(4) Cause obscene material to be delivered or transmitted to a specific person after being requested to desist from sending such material.
(b) For purposes of this section:
(1) “Electronic communication device” means and includes a telephone, wireless phone, computer, pager or any other electronic or wireless device which is capable of transmitting a
document, image, voice, e-mail or text message using such device in an electronic, digital or analog form from one person or location so it may be viewed or received by another person or persons at other locations.
(2) “Use of a computer, mobile phone, personal digital assistant or other electronic communication device” includes, but is not limited to, the transmission of text messages, electronic mail, photographs, videos, images or other nonvoice data by means of an
electronic communication system, and includes the transmission of such data, documents, messages and images to another’s computer, e-mail account, mobile phone, personal digital assistant or other electronic communication device.
(3) “Obscene material” means material that:

(A) An average person, applying contemporary adult community standards, would find, taken
as a whole, appeals to the prurient interest, is intended to appeal to the prurient interest,
or is pandered to a prurient interest;
(B) An average person, applying contemporary adult community standards, would find, depicts or describes, in a patently offensive way, sexually explicit conduct consisting of an
ultimate sexual act, normal or perverted, actual or simulated, an excretory function, masturbation, lewd exhibition of the genitals, or sadomasochistic sexual abuse; and
(C) A reasonable person would find, taken as a whole, lacks literary, artistic, political or
scientific value.

(c) It is unlawful for any person to knowingly permit a computer, mobile phone or personal digital
assistant or other electronic communication device under his or her control to be used for any
purpose prohibited by this section.
(d) Any offense committed under this section may be determined to have occurred at the place at
which the contact originated or the place at which the contact was received or intended to be
received.
(e) Any person who violates a provision of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than $500 or confined in jail not more than six
months, or both fined and confined. For a second or subsequent offense, the person is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in
jail for not more than one year, or both fined and confined.

W. VA. CODE ANN. § 61-3C-14C (WEST 2023). CYBERBULLYING OR SPECIFIC ACTS OF
ELECTRONIC HARASSMENT OF MINORS; DEFINITIONS; PENALTIES; EXCEPTIONS
(a) It is unlawful for a person to knowingly and intentionally use a computer or computer network, as defined in § 61-3C-3, to engage in conduct with the intent to harass, intimidate, or bully a
minor, including, but not limited to:
(1) Posting, disseminating or encouraging others to post or disseminate private, personal, or sexual information pertaining to a minor on the Internet; or
(2) Posting obscene material, as defined in § 61-3C-14a of this code, in a real or doctored image
of a minor on the Internet;
(b) For the purposes of this section:
(1) “Harass, intimidate or bully” means any intentional gesture, or any intentional electronic, written, verbal, or physical act, communication, transmission or threat that:

(A) A reasonable person under the circumstances should know the act will have the effect of
any one or more of the following:
(i) Physically harming a minor;
(ii) Damaging a minor’s property;
(iii)Placing a minor in reasonable fear of harm to his or her person; or
(iv)Placing a minor in reasonable fear of damage to his or her property; or
(B) Is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening,
or emotionally abusive environment for a minor.
(2) “Minor” means an individual under the age of 18 years old.
(c) This section does not apply to a peaceful activity intended to:
(1) Express a political view; or
(2) Provide information to others with no intent to harass, intimidate, or bully.
(d) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not more than $500 or confined in jail for a period not to exceed one year, or both
confined and fined.

W. VA. CODE ANN. § 61-8-16 (WEST 2023). OBSCENE, ANONYMOUS, HARASSING, REPEATED
AND THREATENING PHONE CALLS; PENALTY
(a) It is unlawful for any person with intent to harass or abuse another by means of telephone to:
(1) Make any comment, request, suggestion or proposal which is obscene; or
(2) Make a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to harass any person at the called number; or
(3) Make or cause the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or
(4) Make repeated telephone calls, during which conversation ensues, with intent to harass any person at the called number; or

(5) Threaten to commit a crime against any person or property.
(b) It shall be unlawful for any person to knowingly permit any telephone under his or her control to be used for any purpose prohibited by this section.
(c) Any offense committed under this section may be deemed to have occurred at the place at which the telephone call was made, or the place at which the telephone call was received.
(d) Any person who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500, or confined in jail not more than six
months, or both fined and confined.

W. VA. CODE ANN. § 61-11-11 (WEST 2023). OFFENSE COMMITTED ON COUNTY BOUNDARY
An offense committed on the boundary of any two counties may be alleged to have been committed,
and may be prosecuted and punished, in either county.

 

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Wisconsin Statutes Civil Procedure (Ch. 799 to 847) §
813.125. Harassment restraining orders and injunctions
(1) Definitions.(am) In this section:
3. “Elder person” means any individual who is 60 years of age or older.
4. “Harassment” means any of the following:
a. Striking, shoving, kicking or otherwise subjecting another person to physical contact; engaging in an act that would constitute abuse under s. 48.02(1), sexual assault under s. 940.225, or stalking under s. 940.32; or attempting or threatening to do the same.
b. Engaging in a course of conduct or repeatedly committing acts which harass or intimidate another person and which serve no legitimate purpose. (bm) In subs. (3) and (4), “household pet” means a domestic animal that is not a farm animal, as defined in s. 951.01(3), that is kept, owned, or cared for by the petitioner or by
a family member or a household member of the petitioner.
(2) Commencement of action. (a) An action under this section may be commenced by filing a petition described under sub. (5)(a). No action under this section may be commenced by service of summons.The action commences with service of the petition
upon the respondent if a copy of the petition is filed before service or promptly after service. If the judge or a circuit court commissioner extends the time for a hearing under sub. (3)(c) and the petitioner files an affidavit with the court stating that personal service by the sheriff or a private server under s. 801.11(1)(a) or (b) was unsuccessful because the respondent is avoiding service by concealment or otherwise, the judge or circuit court commissioner shall inform the petitioner that he or she may serve the
respondent by publication of a summary of the petition as a class 1 notice, under ch.
985, and by mailing or sending a facsimile if the respondent's post-office address or facsimile number is known or can with due diligence be ascertained. The mailing or sending of a facsimile may be omitted if the post-office address or facsimile number cannot be ascertained with due diligence. A summary of the petition published as a class 1 notice shall include the name of the respondent and of the petitioner, notice of the temporary restraining order, and notice of the date, time, and place of the hearing regarding the injunction. The court shall inform the petitioner in writing that, if the petitioner chooses to have the documents in the action served by the sheriff, the
petitioner should contact the sheriff to verify the proof of service of the petition.Section 813.06 does not apply to an action under this section.
(b) Notwithstanding s. 803.01(3)(a), a child, as defined in s. 813.122(1)(b), or a parent,
stepparent, or legal guardian of a child may be a petitioner under this section.
(2g) Appointment of guardian ad litem. The court or circuit court commissioner, on its or his or her own motion, or on the motion of any party, may appoint a guardian ad litem for a child who is a party under this section when justice so requires.
(2m) Two-part procedure. If the fee under s. 814.61(1) for filing a petition under this section is waived under s. 814.61(1)(e), the procedure for an action under this section is in 2 parts. First, if the petitioner requests a temporary restraining order the court shall
issue or refuse to issue that order. Second, the court shall hold a hearing under sub. (4) on whether to issue an injunction, which is the final relief. If the court issues a temporary restraining order, the order shall set forth the date for the hearing on an injunction. If the court does not issue a temporary restraining order, the date for the
hearing shall be set upon motion by either party.
(3) Temporary restraining order.(a) A judge or circuit court commissioner may issue a temporary restraining order ordering the respondent to avoid contacting or causing any person other than a party's attorney or a law enforcement officer to contact the
petitioner without the petitioner's written consent; to cease or avoid the harassment of another person; to avoid the petitioner's residence, except as provided in par. (am), or any premises temporarily occupied by the petitioner or both; to refrain from removing, hiding, damaging, harming, or mistreating, or disposing of, a household pet; to allow the petitioner or a family member or household member of the petitioner acting on his or her behalf to retrieve a household pet; or any combination of these remedies requested in the petition, if all of the following occur:
1. The petitioner files a petition alleging the elements set forth under sub. (5)(a).
2. The judge or circuit court commissioner finds reasonable grounds to believe that the respondent has engaged in harassment with intent to harass or intimidate the petitioner.
(am) If the petitioner and the respondent are not married, and the respondent owns the premises where the petitioner resides, and the petitioner has no legal interest in the premises, in lieu of ordering the respondent to avoid the petitioner's residence under par. (a) the judge or circuit court commissioner may order the respondent to avoid the premises for a reasonable time until the petitioner relocates and shall order the respondent to avoid the new residence for the duration of the order.
(b) Notice need not be given to the respondent before issuing a temporary restraining order under this subsection. A temporary restraining order may be entered only against the respondent named in the petition.
(c) The temporary restraining order is in effect until a hearing is held on issuance of an injunction under sub. (4), except that the court may extend the temporary restraining order under s. 813.1285. A judge or circuit court commissioner shall hold a hearing on
issuance of an injunction within 14 days after the temporary restraining order is issued, unless the time is extended upon the written consent of the parties, extended under s. 801.58(2m), or extended once for 14 days upon a finding that the respondent has not been served with a copy of the temporary restraining order although the petitioner has exercised due diligence.A judge or court commissioner may not extend the temporary restraining order in lieu of ruling on the issuance of an injunction.
(d) The judge or circuit court commissioner shall advise the petitioner of the right to serve the respondent the petition by published notice if with due diligence the respondent cannot be served as provided under s. 801.11(1)(a) or (b). The clerk of circuit court shall assist the petitioner with the preparation of the notice and filing of the
affidavit of printing.
(e) The judge or circuit court commissioner may not dismiss or deny granting a temporary restraining order because of the existence of a pending action or of any other court order that bars contact between the parties, nor due to the necessity of verifying the terms of an existing court order.
(4) Injunction.(a) A judge or circuit court commissioner may grant an injunction ordering the respondent to avoid contacting or causing any person other than a party's attorney or a law enforcement officer to contact the petitioner without the petitioner's written consent; to cease or avoid the harassment of another person; to avoid the
petitioner's residence, except as provided in par. (am), or any premises temporarily occupied by the petitioner or both; to refrain from removing, hiding, damaging, harming, or mistreating, or disposing of, a household pet; to allow the petitioner or a family
member or household member of the petitioner acting on his or her behalf to retrieve a household pet; or any combination of these remedies requested in the petition, if all of the following occur:
1. The petitioner has filed a petition alleging the elements set forth under sub. (5)(a).
2. The petitioner serves upon the respondent a copy of a restraining order obtained under sub. (3) and notice of the time for the hearing on the issuance of the injunction under sub. (3)(c). The restraining order or notice of hearing served under this subdivision shall inform the respondent that, if the judge or circuit court commissioner
issues an injunction, the judge or circuit court commissioner may also order the respondent not to possess a firearm while the injunction is in effect.The person who serves the respondent with the order or notice shall also provide the respondent with all of the following information:
a. Notice of the requirements and penalties under s. 941.29 and notice of any similar applicable federal laws and penalties.
b. An explanation of s. 813.1285, including the procedures for surrendering a firearm and the circumstances listed under s. 813.1285 under which a respondent must appear
at a hearing to surrender firearms.
c. A firearm possession form developed under s. 813.1285(5)(a), with instructions for completing and returning the form.
3. After hearing, the judge or circuit court commissioner finds reasonable grounds to believe that the respondent has engaged in harassment with intent to harass or intimidate the petitioner.
(aj) The judge or circuit court commissioner may not dismiss or deny granting an injunction because of the existence of a pending action or of any other court order that bars contact between the parties, nor due to the necessity of verifying the terms of an existing court order.
(am) If the petitioner and the respondent are not married, and the respondent owns the premises where the petitioner resides, and the petitioner has no legal interest in the premises, in lieu of ordering the respondent to avoid the petitioner's residence under par. (a) the judge or circuit court commissioner may order the respondent to avoid the premises for a reasonable time until the petitioner relocates and shall order the respondent to avoid the new residence for the duration of the order.
(b) The injunction may be entered only against the respondent named in the petition.
(c) An injunction under this subsection is effective according to its terms, but for not more than 4 years, except as provided in par. (d).
(d)1. A judge or circuit court commissioner may, upon issuing an injunction or granting an extension of an injunction issued under this subsection, order that the injunction is in effect for not more than 10 years, if the court finds, by a preponderance of the evidence
stated on the record, that any of the following is true:
a. There is a substantial risk that the respondent may commit first-degree intentional homicide under s. 940.01, or 2nd-degree intentional homicide under s. 940.05, against the petitioner.
b. There is a substantial risk that the respondent may commit sexual assault under s. 940.225(1), (2), or (3), or under s. 948.02(1) or (2), against the petitioner. 1m. Upon request by the petitioner, a judge or circuit court commissioner may order that the injunction is in effect permanently if the respondent has been convicted of a
violation of s. 940.225(1) to (3) in which the petitioner was the crime victim. An order based on a finding under this subdivision is subject to review and modification under s. 813.126(1m).
2. This paragraph does not prohibit a petitioner from requesting a new temporary restraining order under sub. (3) or injunction under this subsection before or at the expiration of a previously entered order or injunction.

(4g) Order; telephone services.(a) Unless a condition described in par. (b) exists, a judge or circuit court commissioner who issues an injunction under sub. (4) may, upon request by the petitioner, order a wireless telephone service provider to transfer to the petitioner the right to continue to use a telephone number or numbers indicated by the petitioner and the financial responsibility associated with the number or numbers, as set forth in par. (c). The petitioner may request transfer of each telephone number he or she, or a minor child in his or her custody, uses. The order shall contain all of the
following:
1. The name and billing telephone number of the account holder.
2. Each telephone number that will be transferred.
3. A statement that the provider transfers to the petitioner all financial responsibility for and right to the use of any telephone number transferred under this subsection. In this subdivision, “financial responsibility” includes monthly service costs and costs
associated with any mobile device associated with the number.
(b) A wireless telephone service provider shall terminate the respondent's use of, and shall transfer to the petitioner use of, the telephone number or numbers indicated in par.
(a) unless it notifies the petitioner, within 72 hours after it receives the order, that one of the following applies:
1. The account holder named in the order has terminated the account.
2. A difference in network technology would prevent or impair the functionality of a device on a network if the transfer occurs.
3. The transfer would cause a geographic or other limitation on network or service provision to the petitioner.

4. Another technological or operational issue would prevent or impair the use of the telephone number if the transfer occurs.
(c) The petitioner assumes all financial responsibility for and right to the use of any telephone number transferred under this subsection. In this paragraph, “financial responsibility” includes monthly service costs and costs associated with any mobile device associated with the number.
(d) A wireless telephone service provider may apply to the petitioner its routine and customary requirements for establishing an account or transferring a number, including requiring the petitioner to provide proof of identification, financial information, and
customer preferences.
(e) A wireless telephone service provider is immune from civil liability for its actions taken in compliance with a court order issued under this subsection.
(4m) Restriction on firearm possession; surrender of firearms. (a) If a judge or circuit court commissioner issues an injunction under sub. (4) and the judge or circuit court commissioner determines, based on clear and convincing evidence presented at the hearing on the issuance of the injunction, that the respondent may use a firearm to
cause physical harm to another or to endanger public safety, the judge or circuit court commissioner may prohibit the respondent from possessing a firearm.
(b) An order prohibiting a respondent from possessing a firearm issued under par. (a) remains in effect until the expiration of the injunction issued under sub. (4).
(c) An order issued under par. (a) that prohibits a respondent from possessing a firearm shall do all of the following:
1. Inform the respondent named in the petition of the requirements and penalties under s. 941.29and any similar applicable federal laws and penalties.

2. Except as provided in par. (cg), require in writing the respondent to surrender any firearms that he or she owns or has in his or her possession to the sheriff of the county in which the action under this section was commenced, to the sheriff of the county in which the respondent resides or to another person designated by the respondent and approved by the judge or circuit court commissioner, in accordance with s. 813.1285.
(cg) If the respondent is a peace officer, an order issued under par. (a) may not require the respondent to surrender a firearm that he or she is required, as a condition of employment, to possess whether or not he or she is on duty.
(5) Petition. (a) The petition shall allege facts sufficient to show the following:
1. The name of the person who is the alleged victim.
2. The name of the respondent.
3. That the respondent has engaged in harassment with intent to harass or intimidate the petitioner.
4. If the petitioner knows of any other court proceeding in which the petitioner is a person affected by a court order or judgment that includes provisions regarding contact with the respondent, any of the following that are known by the petitioner:
a. The name or type of the court proceeding.
b. The date of the court proceeding.
c. The type of provisions regarding contact between the petitioner and respondent.
(am) The petition shall inform the respondent that, if the judge or circuit court commissioner issues an injunction, the judge or circuit court commissioner may also order the respondent not to possess a firearm while the injunction is in effect.

(b) The clerk of circuit court shall provide simplified forms.
(5b) Elder person petitioner. If the petitioner is an elder person, the court shall permit the petitioner to participate in hearings under this section by telephone or live audiovisual means.
(5g) Enforcement assistance. (a) Within one business day after an order or injunction is issued, extended, modified or vacated under this section, the clerk of the circuit court shall send a copy of the order or injunction, or of the order extending, modifying or
vacating an order or injunction, to the sheriff or to any local law enforcement agency which is the central repository for orders and injunctions and which has jurisdiction over the petitioner's premises.
(b) The sheriff or other appropriate local law enforcement agency under par. (a) shall enter the information received under par. (a) concerning an order or injunction issued, extended, modified or vacated under this section into the transaction information for
management of enforcement system no later than 24 hours after receiving the information and shall make available to other law enforcement agencies, through a verification system, information on the existence and status of any order or injunction issued under this section. The information need not be maintained after the order or
injunction is no longer in effect.
(c) If an order is issued under this section, upon request by the petitioner the court or circuit court commissioner shall order the sheriff to accompany the petitioner and assist in placing him or her in physical possession of his or her residence.
(cm)1. The clerk of the circuit court shall forward to the sheriff any temporary restraining order, injunction, or other document or notice that must be served on the respondent under this section and the sheriff shall assist the petitioner in executing or serving the temporary restraining order, injunction, or other document or notice on the respondent. The petitioner may, at his or her expense, elect to use a private server to effect service.
2. If the petitioner elects service by the sheriff, the clerk of circuit court shall provide a form supplied by the sheriff to the petitioner that allows the petitioner to provide information about the respondent that may be useful to the sheriff in effecting service.
The clerk shall forward the completed form to the sheriff. The clerk shall maintain the form provided under this subdivision in a confidential manner. If a service fee is required by the sheriff under s. 814.70(1), the petitioner shall pay the fee directly to the sheriff.
(d) The issuance of an order or injunction under sub. (3) or (4) is enforceable despite the existence of any other criminal or civil order restricting or prohibiting contact.
(e) A law enforcement agency and a clerk of circuit court may use electronic transmission to facilitate the exchange of documents under this section. Any person who uses electronic transmission shall ensure that the electronic transmission does not allow unauthorized disclosure of the documents transmitted.
(5m) Confidentiality of victim's address. The petition under sub. (5) and the court order under sub. (3), (4), or (4g) may not disclose the address of the alleged victim. The petitioner shall provide the clerk of circuit court with the petitioner's address when he or she files a petition under this section. The clerk shall maintain the petitioner's address in a confidential manner.
(5r) Notice to department of justice.(a) If an order prohibiting a respondent from possessing a firearm is issued under sub. (4m), the clerk of the circuit court shall notify the department of justice of the existence of the order prohibiting a respondent from possessing a firearm and shall provide the department of justice with information
concerning the period during which the order is in effect and information necessary to identify the respondent for purposes of responding to a request under s. 165.63 or for purposes of a firearms restrictions record search under s. 175.35(2g)(c) or a
background check under s. 175.60(9g)(a).
(b) Except as provided in par. (c), the department of justice may disclose information that it receives under par. (a) only to respond to a request under s. 165.63 or as part of a firearms restrictions record search under s. 175.35(2g)(c)or a background check under
s. 175.60(9g)(a).
(c) The department of justice shall disclose any information that it receives under par.
(a) to a law enforcement agency when the information is needed for law enforcement purposes.
(6) Arrest. (am) A law enforcement officer shall arrest and take a person into custody if all of the following occur:
1. A person named in a petition under sub. (5) presents the law enforcement officer with a copy of a court order issued under sub. (3) or (4), or the law enforcement officer determines that such an order exists through communication with appropriate authorities.
2. The law enforcement officer has probable cause to believe that the person has violated the court order issued under sub. (3) or (4).
(c) A respondent who does not appear at a hearing at which the court orders an injunction under sub. (4) but who has been served with a copy of the petition and notice of the time for hearing under sub. (4)(a)2. that includes the information required under sub. (4)(a)2. a., b., and c. has constructive knowledge of the existence of the injunction
and shall be arrested for violation of the injunction regardless of whether he or she has been served with a copy of the injunction.

(7) Penalty. Whoever violates a temporary restraining order or injunction issued under this section shall be fined not more than $10,000 or imprisoned not more than 9 months or both.
(8) Notice of full faith and credit. An order or injunction issued under sub. (3) or (4) shall include a statement that the order or injunction may be accorded full faith and credit in every civil or criminal court of the United States, civil or criminal courts of any other state and Indian tribal courts to the extent that such courts may have personal
jurisdiction over nontribal members.

Wisconsin Statutes Crimes (Ch. 938 to 951) § 940.32.
Stalking

(1) In this section:
(a) “Course of conduct” means a series of 2 or more acts carried out over time, however short or long, that show a continuity of purpose, including any of the following:
1. Maintaining a visual or physical proximity to the victim.
2. Approaching or confronting the victim.
3. Appearing at the victim's workplace or contacting the victim's employer or coworkers.
4. Appearing at the victim's home or contacting the victim's neighbors.
5. Entering property owned, leased, or occupied by the victim.
6. Contacting the victim by telephone, text message, electronic message, electronic mail, or other means of electronic communication or causing the victim's telephone or electronic device or any other person's telephone or electronic device to ring or generate
notifications repeatedly or continuously, regardless of whether a conversation ensues.

6m. Photographing, videotaping, audiotaping, or, through any other electronic means, monitoring or recording the activities of the victim. This subdivision applies regardless of where the act occurs.
7. Sending to the victim any physical or electronic material or contacting the victim by any means, including any message, comment, or other content posted on any Internet site or web application.
7m. Sending to a member of the victim's family or household, or any current or former employer of the victim, or any current or former coworker of the victim, or any friend of the victim any physical or electronic material or contacting such person by any means,
including any message, comment, or other content posted on any Internet site or web application for the purpose of obtaining information about, disseminating information about, or communicating with the victim.
8. Placing an object on or delivering an object to property owned, leased, or occupied by the victim.
9. Delivering an object to a member of the victim's family or household or an employer, coworker, or friend of the victim or placing an object on, or delivering an object to, property owned, leased, or occupied by such a person with the intent that the object be
delivered to the victim.
10. Causing a person to engage in any of the acts described in subds. 1. to 9. (am) “Domestic abuse” has the meaning given in s. 813.12(1)(am). (ap) “Domestic abuse offense” means an act of domestic abuse that constitutes a crime.

(c) “Labor dispute” includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment,
regardless of whether the disputants stand in the proximate relation of employer and employee.
(cb) “Member of a family” means a spouse, parent, child, sibling, or any other person who is related by blood or adoption to another.
(cd) “Member of a household” means a person who regularly resides in the household of another or who within the previous 6 months regularly resided in the household of another.
(cg) “Personally identifiable information” has the meaning given in s. 19.62(5).
(cr) “Record” has the meaning given in s. 19.32(2).
(d) “Suffer serious emotional distress” means to feel terrified, intimidated, threatened, harassed, or tormented.
(2) Whoever meets all of the following criteria is guilty of a Class I felony:
(a) The actor intentionally engages in a course of conduct directed at a specific person that would cause a reasonable person under the same circumstances to suffer serious emotional distress or to fear bodily injury to or the death of himself or herself or a member of his or her family or household.
(b) The actor knows or should know that at least one of the acts that constitute the course of conduct will cause the specific person to suffer serious emotional distress or place the specific person in reasonable fear of bodily injury to or the death of himself or
herself or a member of his or her family or household.

(c) The actor's acts cause the specific person to suffer serious emotional distress or induce fear in the specific person of bodily injury to or the death of himself or herself or a member of his or her family or household.
(2e) Whoever meets all of the following criteria is guilty of a Class I felony:
(a) After having been convicted of sexual assault under s. 940.225, 948.02, 948.025, or 948.085 or a domestic abuse offense, the actor engages in any of the acts listed in sub.
(1)(a)1. to 10., if the act is directed at the victim of the sexual assault or the domestic abuse offense.
(b) The actor knows or should know that the act will cause the specific person to suffer serious emotional distress or place the specific person in reasonable fear of bodily injury to or the death of himself or herself or a member of his or her family or household.
(c) The actor's act causes the specific person to suffer serious emotional distress or induces fear in the specific person of bodily injury to or the death of himself or herself or a member of his or her family or household.
(2m) Whoever violates sub. (2) is guilty of a Class H felony if any of the following applies:
(a) The actor has a previous conviction for a violent crime, as defined in s. 939.632(1)(e)1., or a previous conviction under this section or s. 947.013(1r), (1t), (1v), or (1x).
(b) The actor has a previous conviction for a crime, the victim of that crime is the victim of the present violation of sub. (2), and the present violation occurs within 7 years after the prior conviction.

(c) The actor intentionally gains access or causes another person to gain access to a record in electronic format that contains personally identifiable information regarding the victim in order to facilitate the violation.
(d) The person violates s. 968.31(1) or 968.34(1) in order to facilitate the violation.
(e) The victim is under the age of 18 years at the time of the violation.
(3) Whoever violates sub. (2) is guilty of a Class F felony if any of the following applies:
(a) The act results in bodily harm to the victim or a member of the victim's family or household.
(b) The actor has a previous conviction for a violent crime, as defined in s. 939.632(1)(e)1., or a previous conviction under this section or s. 947.013(1r), (1t), (1v) or (1x), the victim of that crime is the victim of the present violation of sub. (2), and the present violation occurs within 7 years after the prior conviction.
(c) The actor uses a dangerous weapon in carrying out any of the acts listed in sub.
(1)(a)1. to 9.
(3m) A prosecutor need not show that a victim received or will receive treatment from a mental health professional in order to prove that the victim suffered serious emotional distress under sub. (2)(c) or (2e)(c). (4)(a) This section does not apply to conduct that is or acts that are protected by the person's right to freedom of speech or to peaceably assemble with others under the state and U.S. constitutions, including, but not limited to, any of the following:
1. Giving publicity to and obtaining or communicating information regarding any subject, whether by advertising, speaking or patrolling any public street or any place where any person or persons may lawfully be.

2. Assembling peaceably.
3. Peaceful picketing or patrolling.
(b) Paragraph (a) does not limit the activities that may be considered to serve a legitimate purpose under this section.
(5) This section does not apply to conduct arising out of or in connection with a labor dispute.
(6) The provisions of this statute are severable. If any provision of this statute is invalid or if any application thereof is invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application.

Wisconsin Statutes Crimes (Ch. 938 to 951) § 942.09.
Representations depicting nudity

(1) In this section:
(a) “Captures a representation” means takes a photograph, makes a motion picture, videotape, recording, or other visual or audio representation, or records or stores in any medium data that represents a visual image.
(ae) “Consent” means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to the act. A person who has not attained the age of 18 is incapable of consent. The following persons are presumed
incapable of consent but the presumption may be rebutted by competent evidence, subject to the provisions of s. 972.11(2):
1. A person suffering from a mental illness or defect that impairs capacity to appraise personal conduct.

2. A person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
(ag) “Intimate representation” means any of the following:
1. A representation of a nude or partially nude person.
2. A representation of clothed, covered, or partially clothed or covered genitalia or buttock that is not otherwise visible to the public.
3. A representation of a person urinating, defecating, or using a feminine hygiene product.
4. A representation of person engaged in sexual intercourse or sexual contact, as defined in s. 940.225(5)(b) or (c).
(am) “Nude or partially nude person” has the meaning given in s. 942.08(1)(a).
(b) “Nudity” has the meaning given in s. 948.11(1)(d).
(bg) “Post or publish” includes posting or publishing on a website on the Internet, if the website may be viewed by the general public.
(bn) “Private representation” means a representation depicting a nude or partially nude person or depicting a person engaging in sexually explicit conduct that is intended by the person depicted in the representation to be captured, viewed, or possessed only by
the person who, with the consent of the person depicted, captured the representation or to whom the person depicted directly and intentionally gave possession of the representation.

(c) “Representation” means a photograph, exposed film, motion picture, videotape, recording, other visual or audio representation, or data that represents a visual image or audio recording.
(d) “Sexually explicit conduct” has the meaning given in s. 948.01(7).
(2)(am) Except as provided in par. (dr), whoever does any of the following is guilty of a
Class I felony:
1. Captures an intimate representation without the consent of the person depicted under circumstances in which he or she has a reasonable expectation of privacy, if the person knows or has reason to know that the person who is depicted does not consent
to the capture of the intimate representation.
2. Makes a reproduction of an intimate representation that the person knows or has reason to know was captured in violation of subd. 1. and that depicts an intimate representation captured in violation of subd. 1., if the person depicted in the reproduction did not consent to the making of the reproduction.
3. Possesses, distributes, or exhibits an intimate representation that was captured in violation of subd. 1. or a reproduction made in violation of subd. 2., if the person knows or has reason to know that the intimate representation was captured in violation of
subd. 1. or the reproduction was made in violation of subd. 2., and if the person who is depicted in the intimate representation or reproduction did not consent to the possession, distribution, or exhibition.
(bm) 1m. Notwithstanding par. (am), if the person depicted in an intimate representation or reproduction is a child, a parent, guardian, or legal custodian of the child may do any of the following:

a. Capture and possess the representation or make and possess the reproduction depicting the child.
b. Distribute or exhibit a representation captured or possessed under subd. 1m.a., or distribute or exhibit a reproduction made or possessed under subd. 1m.a. 2m. Subdivision 1m. does not apply to a parent, guardian, or legal custodian of a child who captures, possesses, makes, distributes, or exhibits a representation depicting the child in violation of s. 948.05 or 948.12 or for the purpose of sexual arousal, gratification, humiliation, degradation, or monetary or commercial gain. (cm) Paragraph (am) does not apply to a person who receives a representation or reproduction depicting a child from a parent, guardian, or legal custodian of the child under par. (bm) 1m. b., if the possession, exhibition, or distribution is not for the
purpose of sexual arousal, gratification, humiliation, degradation, or monetary or commercial gain.
(dm) This subsection does not apply to a provider of an interactive computer service, as defined in 47 USC 230(f)(2), or to an information service or telecommunications service, as defined in 47 USC 153, if the intimate representation or reproduction is provided to
the interactive computer service, information service, or telecommunications service by a 3rd party, or to a person who posts or publishes a private representation that is newsworthy or of public importance.
(dr) Except as provided in par. (bm), a person who commits a violation specified under par. (am) is guilty of a Class H felony if the person depicted in violation of par. (am) had not, at the time of the violation, attained the age of 18 years. (3m)(a) Except as provided in par. (am), whoever does any of the following is guilty of a
Class A misdemeanor:

1. Posts, publishes, or causes to be posted or published, a private representation if the actor knows that the person depicted does not consent to the posting or publication of the private representation.
2. Posts, publishes, or causes to be posted or published, a depiction of a person that he or she knows is a private representation, without the consent of the person depicted.
(am) A person who commits a violation specified under par. (a) is guilty of a Class I felony if the person depicted or represented in the violation of par. (a) had not, at the time of the violation, attained the age of 18 years.
(b) This subsection does not apply to any of the following:
1. The parent, guardian, or legal custodian of the person depicted if the private representation does not violate s. 948.05 or 948.12 and the posting or publication is not for the purpose of sexual arousal, gratification, humiliation, degradation, or monetary or commercial gain.
2. A law enforcement officer or agent acting in his or her official capacity in connection with the investigation or prosecution of a crime.
3. A person who posts or publishes a private representation that is newsworthy or of public importance.
4. A provider of an interactive computer service, as defined in 47 USC 230(f)(2), or to an information service or telecommunications service, as defined in 47 USC 153, if the private representation is provided to the interactive computer service, information service, or telecommunications service by a 3rd party.

(4)(a) Except as provided in par. (b) or (c), whoever solicits an intimate or private representation from a person who the actor believes or has reason to believe has not attained the age of 18 years is guilty of a Class I felony.
(b) If the person who solicits the intimate or private representation has attained the age of 18 years but has not attained the age of 21 years and if the child solicited is not more than 3 years younger than the person who solicits the intimate or private representation,
he or she is guilty of a Class A misdemeanor.
(c) Paragraph (a) does not apply if the person who solicits the intimate or private representation has not attained the age of 18 years.
(5)(a) Except as provided in par. (am), whoever, while present in a locker room, intentionally captures a representation of a nude or partially nude person while the person is nude or partially nude in the locker room is guilty of a Class A misdemeanor.
This paragraph does not apply if the person consents to the capture of the representation and one of the following applies:
1. The person is, or the actor reasonably believes that the person is, 18 years of age or over when the person gives his or her consent.
2. The person's parent, guardian, or legal custodian consents to the capture of the representation.
(am) A person who commits a violation specified under par. (a) is guilty of a Class I felony if the person represented in violation of par. (a) had not, at the time of the violation, attained the age of 18 years.
(b)1. Except as provided in par. (bn), whoever intentionally does any of the following is guilty of a Class I felony:

a. Captures a representation of a nude or partially nude person while the actor is present in, and the person is nude or partially nude in, the locker room and exhibits or distributes the representation to another.
b. Transmits or broadcasts an image of a nude or partially nude person from a locker room while the person is nude or partially nude in the locker room.
2. This paragraph does not apply if the person consents to the exhibition or distribution of the representation or the transmission or broadcast of the image and one of the following applies:
a. The person is, or the actor reasonably believes that the person is, 18 years of age or over when the person gives his or her consent.
b. The person's parent, guardian, or legal custodian consents to the exhibition, distribution, transmission, or broadcast.
(bn) A person who commits a violation specified under par. (b) is guilty of a Class H felony if the person represented in violation of par. (a) had not, at the time of the violation, attained the age of 18 years.
Wisconsin Statutes Crimes (Ch. 938 to 951) § 947.0125.
Unlawful use of computerized communication systems
(1) In this section, “message” means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature, or any transfer of a computer program, as defined in s. 943.70(1)(c).
(2) Whoever does any of the following is guilty of a Class B misdemeanor:
(a) With intent to frighten, intimidate, threaten, abuse or harass another person, sends a message to the person on an electronic mail or other computerized communication system and in that message threatens to inflict injury or physical harm to any person or
the property of any person.
(b) With intent to frighten, intimidate, threaten, abuse or harass another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message
threatens to inflict injury or physical harm to any person or the property of any person.
(c) With intent to frighten, intimidate, threaten or abuse another person, sends a message to the person on an electronic mail or other computerized communication system and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
(d) With intent to frighten, intimidate, threaten or abuse another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
(e) With intent to frighten, intimidate, threaten or abuse another person, sends a message to the person on an electronic mail or other computerized communication system while intentionally preventing or attempting to prevent the disclosure of his or her own identity.
(f) While intentionally preventing or attempting to prevent the disclosure of his or her identity and with intent to frighten, intimidate, threaten or abuse another person, sends a message on an electronic mail or other computerized communication system with the
reasonable expectation that the person will receive the message.
(3) Whoever does any of the following is subject to a Class B forfeiture:

(a) With intent to harass, annoy or offend another person, sends a message to the person on an electronic mail or other computerized communication system and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
(b) With intent to harass, annoy or offend another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
(c) With intent solely to harass another person, sends repeated messages to the person on an electronic mail or other computerized communication system.
(d) With intent solely to harass another person, sends repeated messages on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the messages.
(e) With intent to harass or annoy another person, sends a message to the person on an electronic mail or other computerized communication system while intentionally preventing or attempting to prevent the disclosure of his or her own identity.
(f) While intentionally preventing or attempting to prevent the disclosure of his or her identity and with intent to harass or annoy another person, sends a message on an electronic mail or other computerized communication system with the reasonable
expectation that the person will receive the message.
(g) Knowingly permits or directs another person to send a message prohibited by this section from any computer terminal or other device that is used to send messages on an electronic mail or other computerized communication system and that is under his or her control.

Wisconsin Statutes Crimes (Ch. 938 to 951) § 947.013.
Harassment
(1) In this section:
(a) “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
(b) “Credible threat” means a threat made with the intent and apparent ability to carry out the threat.
(c) “Personally identifiable information” has the meaning given in s. 19.62(5).
(d) “Record” has the meaning given in s. 19.32(2).
(1m) Whoever, with intent to harass or intimidate another person, does any of the following is subject to a Class B forfeiture:
(a) Strikes, shoves, kicks or otherwise subjects the person to physical contact or attempts or threatens to do the same.
(b) Engages in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose.
(1r) Whoever violates sub. (1m) under all of the following circumstances is guilty of a Class A misdemeanor:
(a) The act is accompanied by a credible threat that places the victim in reasonable fear of death or great bodily harm.
(b) The act occurs while the actor is subject to an order or injunction under s. 813.12, 813.122 or 813.125 that prohibits or limits his or her contact with the victim.

(1t) Whoever violates sub. (1r) is guilty of a Class I felony if the person has a prior conviction under this subsection or sub. (1r), (1v), or (1x) or s. 940.32(2), (2e), (2m), or (3) involving the same victim and the present violation occurs within 7 years of the prior
conviction.
(1v) Whoever violates sub. (1r) is guilty of a Class H felony if he or she intentionally gains access to a record in electronic format that contains personally identifiable information regarding the victim in order to facilitate the violation under sub. (1r).
(1x) Whoever violates sub. (1r) under all of the following circumstances is guilty of a Class H felony:
(a) The person has a prior conviction under sub. (1r), (1t) or (1v) or this subsection or s. 940.32(2), (2e), (2m), or (3).
(b) The person intentionally gains access to a record in order to facilitate the current violation under sub. (1r).
(2) This section does not prohibit any person from participating in lawful conduct in labor disputes under s. 103.53.

Source & Disclaimer:

This information is compiled from publicly available legislative and governmental sources, including official state codes and legislative websitess. It is provided for educational and advocacy purposes only and does not constitute legal advice. Laws may change. Readers should verfify statutes through official state resources or consult a licensed attorney.

 

Wyoming Statutes Title 1. Code of Civil Procedure §
1-1-126. Civil liability for stalking
Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A person who is the victim of stalking as defined by W.S. 6-2-506 may maintain a civil action against an individual who engages in a course of conduct that is prohibited under W.S. 6-2-506 for damages incurred by the victim as a result of that conduct. The aggrieved party may also seek and be awarded exemplary damages, reasonable
attorney's fees and costs of the action.
(b) A civil action may be maintained under this section whether or not the individual who is alleged to have engaged in a course of conduct prohibited under W.S. 6-2-506 has been charged or convicted under W.S. 6-2-506 for the alleged crime.
(c) Neither the pendency nor the termination of a civil action under this section shall prevent the criminal prosecution of a person who violates W.S. 6-2-506.

Wyoming Statutes Title 1. Code of Civil Procedure §
1-40-205. Victims and witnesses of crime; free from
intimidation

(a) A victim or witness has the right to be free from any form of harassment, intimidation or retribution.
(b) When waiting to testify in any proceeding regarding a criminal act, a victim or key witness has the right to be provided, upon request, with a waiting area separate from other witnesses.
(c) When the threat of harassment, intimidation or retribution cannot be avoided, the court shall take appropriate measures to protect the victim or key witness.

(d) Law enforcement officers and prosecuting attorneys shall provide information regarding law enforcement measures available to protect victims and key witnesses.

Wyoming Statutes Title 6. Crimes and Offenses §
6-1-205. Limitations on criminal liability for digital
expression

(a) A digital expression that does not otherwise constitute a crime or subject the person responsible for creating the digital expression to criminal liability under the Wyoming Criminal Code shall not serve as the sole basis for any criminal liability based on the use
of that digital expression by another person.
(b) Hosting or storing a digital expression on a computer, computer network or computer system in Wyoming in a manner that does not otherwise constitute a crime or subject the person hosting or storing the digital expression to criminal liability under the Wyoming Criminal Code shall not serve as the sole basis for any criminal liability based
on the use of that digital expression by another person.
(c) Nothing in this section shall be construed to limit or prohibit liability for criminal activity merely because the conduct was in part initiated or carried out by means of a digital expression.
(d) As used in this section:
(i) “Digital expression” means an expression that is communicated through source code or a computer program;
(ii) “Computer” means as defined in W.S. 6-3-501(a)(ii);
(iii) “Computer network” means as defined in W.S. 6-3-501(a)(iii);

(iv) “Computer program” means as defined in W.S. 6-3-501(a)(iv);
(v) “Computer software” mean as defined by W.S. 6-3-501(a)(v);
(vi) “Computer system” means as defined in W.S. 6-3-501(a)(vi);
(vii) “Source code” means any form of work used to create or modify a computer program. “Source code” includes:
(A) Instructions and statements expressed in a computer programming language;
(B) Computer programming comments, notes and memoranda;
(C) Design documents and functional specifications for a computer program.

Wyoming Statutes Title 6. Crimes and Offenses §
6-2-506. Stalking; penalty

(a) As used in this section:
(i) “Course of conduct” means a pattern of conduct composed of a series of acts over any period of time evidencing a continuity of purpose;
(ii) “Harass” means to engage in a course of conduct, including but not limited to verbal threats, written threats, lewd or obscene statements or images, vandalism or nonconsensual physical contact, directed at a specific person that the defendant knew or should have known would cause:
(A) A reasonable person to suffer substantial emotional distress;
(B) A reasonable person to suffer substantial fear for their safety or the safety of another person; or
(C) A reasonable person to suffer substantial fear for the destruction of their property.

(b) Unless otherwise provided by law, a person commits the crime of stalking if, with intent to harass another person, the person engages in a course of conduct reasonably likely to harass that person, including but not limited to any combination of the following:
(i) Communicating, anonymously or otherwise, or causing a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses;
(ii) Following a person, other than within the residence of the defendant;
(iii) Placing a person under surveillance by remaining present outside his or her school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the defendant;
(iv) Using any electronic, digital or global positioning system device or other electronic means to place another person under surveillance or to surveil another person's internet or wireless activity without authorization from the other person; or
(v) Otherwise engaging in a course of conduct that harasses another person.
(c) This section does not apply to an otherwise lawful demonstration, assembly or picketing.
(d) Except as provided under subsection (e) of this section, stalking is a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than
seven hundred fifty dollars ($750.00), or both. If a person sentenced under this subsection is placed on probation, the court may, notwithstanding any other provision of law, impose a term of probation exceeding the maximum one (1) year imprisonment,
provided the term of probation, including extensions, shall not exceed three (3) years.

(e) A person convicted of stalking under subsection (b) of this section is guilty of felony stalking punishable by imprisonment for not more than ten (10) years, if:
(i) The act or acts leading to the conviction occurred within five (5) years of the completion of the sentence, including all periods of incarceration, parole and probation, of a prior conviction under this subsection, or under subsection (b) of this section, or under a substantially similar law of another jurisdiction;
(ii) The defendant caused serious bodily harm to the victim or another person in conjunction with committing the offense of stalking;
(iii) The defendant committed the offense of stalking in violation of any condition of probation, parole or bail; or
(iv) The defendant committed the offense of stalking in violation of a temporary or permanent order of protection issued pursuant to W.S. 7-3-508, 7-3-509, 35-21-104 or 35-21-105 or pursuant to a substantially similar law of another jurisdiction.
(f) An offense under this section may be deemed to have been committed at the place where any:
(i) Act within the course of conduct that constitutes stalking was initiated; or
(ii) Communication within the course of conduct that constitutes stalking was received by the victim then present in Wyoming; or
(iii) Act within the course of conduct that constitutes stalking caused an effect on the victim then present in Wyoming.
(g) An act that indicates a course of conduct but occurs in more than one (1)
jurisdiction may be used by any jurisdiction in which the act occurred as evidence of a continuing course of conduct.

Wyoming Statutes Title 6. Crimes and Offenses §
6-3-902. Unlawful impersonation through electronic
means; penalties; definitions; civil remedies

(a) A person is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both, if he knowingly and without consent intentionally impersonates another person or that person's personal or organizational digital identity through, or on, an internet website or by other electronic means, including, but not limited to spoofing, and:
(i) Causes or attempts to cause harm;
(ii) Harasses or attempts to harass another person while using false self-identifying information related to the person impersonated; or
(iii) Uses or attempts to use false self-identifying information related to the person impersonated as an unauthorized deceptive means to facilitate contact with another person.
(b) For purposes of this section:
(i) “Electronic means” includes opening an e-mail account or an account or profile on a site transmitted via the internet;
(ii) “Internet” means as defined in W.S. 9-2-3219(a)(iii);
(iii) “Spoofing” means falsifying the name or phone number appearing on caller identification systems;
(iv) “Personal digital identity” means as defined in W.S. 8-1-102(a)(xviii);
(v) “Organizational digital identity” means as defined in W.S. 8-1-102(a)(xix).

(c) In addition to any other civil remedy available, a person who suffers damage or loss by reason of a violation of subsection (a) of this section may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief.
Wyoming Statutes Title 6. Crimes and Offenses § 6-4-306. Unlawful dissemination of intimate images; definitions; penalties; exemptions from liability
(a) As used in this section:
(i) “Displaying sexual acts” means displaying an image of sexual acts regardless of whether a person's intimate parts are visible in the image;
(ii) “Disseminate” means to sell, distribute, deliver, provide, exhibit, post on social media or otherwise make available to a third party, but shall not include displaying an intimate image in private to the person depicted in the image;
(iii) “Image” means a photograph, film, videotape, recording, digital file or any other recording, including a computer generated image that purports to represent an identifiable person;
(iv) “Intimate image” means an image of a person's intimate parts or of a person engaging in sexual acts when the person depicted is identifiable from the image itself or from information displayed with or otherwise connected to the image;
(v) “Intimate parts” means the external genitalia, perineum, anus or pubic area of any person or the breast of a female person;
(vi) “Sexual acts” means sexual intercourse, cunnilingus, fellatio, analingus, anal intercourse or any intrusion, however slight, by any object or any part of a person's body into the genital or anal opening of another person's body if the intrusion can reasonably
be construed as being for the purpose of sexual arousal, gratification or abuse;
(vii) “Social media” means any electronic medium, including an interactive computer service, telephone network or data network, that allows users to create, share, post or view user generated content, including but not limited to images, videos, still
photographs, blogs, video blogs, podcasts, instant messages, electronic mail or internet website profiles.
(b) A person eighteen (18) years of age or older is guilty of the offense of disseminating an intimate image if the person:
(i) Disseminated an intimate image of another person;
(ii) Knew or should have known that the depicted person had a reasonable expectation that the image would remain private and the depicted person did not expressly give consent for the image's dissemination; and
(iii) Intended:
(A) To humiliate, harm, harass, threaten or coerce another; or
(B) For sexual gratification or arousal of others or of the person disseminating the intimate image.
(c) Dissemination of an intimate image is a misdemeanor punishable by not more than one (1) year imprisonment, a fine of not more than five thousand dollars ($5,000.00), or both.
(d) Nothing in the section shall be construed to impose criminal liability on the provider of an interactive computer service as defined in 47 U.S.C. § 230, an information service as defined in 47 U.S.C. § 153 or a telecommunications service as defined in 47 U.S.C. §
153, for content provided by another person.

Wyoming Statutes Title 6. Crimes and Offenses §
6-6-103. Telephone calls; unlawful acts; penalties;
communicating a threat of bodily injury or death; place of
commission of crime

(a) A person commits a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both, if he telephones another anonymously or under a false or fictitious name and uses obscene,
lewd or profane language or suggests a lewd or lascivious act with intent to terrify, intimidate, threaten, harass, annoy or offend.
(b) A person commits a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both, if:
(i) By repeated anonymous telephone calls, he disturbs the peace, quiet or privacy of persons where the calls were received; or
(ii) He telephones or otherwise electronically or in writing communicates with a person and threatens to:
(A) Inflict death to the person, to the person's immediate family or to anyone at the school in which the person is a student or employee; or
(B) Inflict injury or physical harm to the person, to the person's immediate family or to property of the person.
(c) A crime under this section is committed at the place where the calls or other electronic or written communications either originated or were received.

(d) For purposes of this section, “immediate family” means a spouse, parent, sibling, child or other person living in the person's household.