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H.B. 221 Enrolled
This bill amends the current law regarding telephone harassment to include other forms
of electronic communication harassment.
. 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:
Other Special Clauses:
Utah Code Sections Affected:
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
subject to prosecution in the jurisdiction where the [
was received if with intent to annoy, alarm, intimidate, offend, abuse, threaten, harass, [
(a) (i) makes repeated [
whether or not a conversation ensues[
(ii) after [
(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 [
taunts, or challenges the recipient of the [
(c) makes [
to inflict injury, physical harm, or damage to any person or the property of any person[
(d) causes disruption, jamming, or overload of an electronic communication system
through excessive message traffic or other means utilizing an electronic communication device.
(4) This section does not create any civil cause of action based on electronic
communications made for legitimate business purposes.
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