H.B. 221 Enrolled

ELECTRONIC COMMUNICATION HARASSMENT
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: John Dougall
Senate Sponsor: Curtis S. Bramble

LONG TITLE
General Description:
This bill amends the current law regarding telephone harassment to include other forms
of electronic communication harassment.
Highlighted Provisions:
This bill:
. defines electronic communication;
. creates the offense of committing acts of communication harassment by electronic
means, in addition to by telephone, with the intent to annoy or alarm a recipient,
including the acts of:
. repeatedly attempting to contact a recipient via electronic means after having
been told to not contact the recipient; and
. jamming or disrupting a recipient's electronic communication device; and
. clarifies that these provisions do not create any civil cause of action based on
electronic communications made for legitimate business purposes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-9-201, as last amended by Chapter 128, Laws of Utah 2001

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-9-201 is amended to read:
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.
[(1)] (2) A person is guilty of [telephone] electronic communication harassment and
subject to prosecution in the jurisdiction where the [telephone call] communication originated or
was received if with intent to annoy, alarm, intimidate, offend, abuse, threaten, harass, [or]
frighten [another at the called number,], or disrupt the electronic communications of another, the
person:
(a) (i) makes repeated [telephone calls] contact by means of electronic communications,
whether or not a conversation ensues[,]; or
(ii) after [having been told] the recipient has requested or informed the person not to [call
back, causes the telephone of another to ring] 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 [a telephone call] contact by means of electronic communication and insults,
taunts, or challenges the recipient of the [telephone call] communication or any person at the
[called number] receiving location in a manner likely to provoke a violent or disorderly response;
[or]
(c) makes [a telephone call] 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.
[(2)] (3) [Telephone] 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.