76-9-201. Electronic communication harassment -- Definitions -- Penalties.
(1) As used in this section:
(a) "Electronic communication" means any 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 any specific individual.
(b) "Electronic communication device" includes telephone, facsimile, electronic mail, or
pager.
(2) 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 annoy,
alarm, intimidate, offend, abuse, threaten, harass, frighten, or disrupt the electronic
communications of another, the person:
(a) (i) makes repeated contact by means of electronic communications, whether or not 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) Electronic communication harassment is a class B misdemeanor.
(4) This section does not create any civil cause of action based on electronic
communications made for legitimate business purposes.
Amended by Chapter 128, 2005 General Session
Download Code Section Zipped WordPerfect 76_09_020100.ZIP 2,604 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Wednesday, July 23, 2008