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Tenessee Cyberstalking Laws

Tennessee Cyberstalking Laws

39-17-315. Stalking, aggravated stalking, and especially aggravated stalking. —

(a) As used in this section, unless the context otherwise requires:

  1. “Course of conduct” means a pattern of conduct composed of a series of two (2) or more separate noncontinuous acts evidencing a continuity of purpose;
  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 mail or electronic communications to that person; or

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

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Posted by admin - August 31, 2010 at 8:06 pm

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Missouri Cyberstalking Laws

Missouri Cyberstalking Laws

Harassment.

565.090. 1. A person commits the crime of harassment if he or she:

(1) Knowingly communicates a threat to commit any felony to another person and in so doing frightens, intimidates, or causes emotional distress to such other person; or

(2) When communicating with another person, knowingly uses coarse language offensive to one of average sensibility and thereby puts such person in reasonable apprehension of offensive physical contact or harm; or

(3) Knowingly frightens, intimidates, or causes emotional distress to another person by anonymously making a telephone call or any electronic communication; or

(4) Knowingly communicates with another person who is, or who purports to be, seventeen years of age or younger and in so doing and without good cause recklessly frightens, intimidates, or causes emotional distress to such other person; or

(5) Knowingly makes repeated unwanted communication to another person; or

(6) Without good cause engages in any other act with the purpose to frighten, intimidate, or cause emotional distress to another person, cause such person to be frightened, intimidated, or emotionally distressed, and such person’s response to the act is one of a person of average sensibilities considering the age of such person.

2. Harassment is a class A misdemeanor unless:

(1) Committed by a person twenty-one years of age or older against a person seventeen years of age or younger; or

(2) The person has previously pleaded guilty to or been found guilty of a violation of this section, or 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 such cases, harassment shall be a class D 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.

SB 0070 and SB 255 – Prohibits certain fraudulent use of the Internet effective August 28, 2001

SCS/SBs 70 & 255 – This act prohibits a person from operating an Internet website which causes another person’s computer to dial a telephone number for which a charge is assessed without the other person’s consent. A violation is a Class A misdemeanor unless the long distance charges exceed five hundred dollars, in which case the violation is a Class C felony. The act provides for venue where the victim resides or where the crime occurred. This portion of the act is similar to SB 70.

The act also adds electronic mail messages as a method by which a person may commit the crime of harassment, and prohibits the use of electronic mail to send obscene or indecent commercial messages. This provision is similar to SB 255.

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Posted by admin - at 2:54 am

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Idaho Cyberstalking Laws

Idaho Cyberstalking Laws

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.

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Posted by admin - August 30, 2010 at 10:55 pm

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Washington D.C. Cyberstalking Laws


Washington, D.C. Cyberstalking Laws

Title 22. Criminal Offenses and Penalties. (Refs & Annos)
Subtitle I. Criminal Offenses.
Chapter 31A. Stalking

§ 22-3132. Definitions.
For the purposes of this chapter, the term:

  1. “Any device” means electronic, mechanical, digital or any other equipment, including: a camera, spycam, computer, spyware, microphone, audio or video recorder, global positioning system, electronic monitoring system, listening device, night-vision goggles, binoculars, telescope, or spyglass.
  2. “Any means” includes the use of a telephone, mail, delivery service, e-mail, website, or other method of communication or any device.
  3. “Communicating” means using oral or written language, photographs, pictures, signs, symbols, gestures, or other acts or objects that are intended to convey a message.
  4. “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling;
  5. “Financial injury” means the monetary costs, debts, or obligations incurred as a result of the stalking by the specific individual, member of the specific individual’s household, a person whose safety is threatened by the stalking, or a person who is financially responsible for the specific individual and includes:
    1. The costs of replacing or repairing any property that was taken or damaged;
    2. The costs of clearing the specific individual’s name or his or her credit, criminal, or any other official record;
    3. Medical bills;
    4. Relocation expenses;
    5. Lost employment or wages; and
    6. Attorney’s fees.
  6. “Personal identifying information” shall have the same meaning as provided in § 22-3227.01(3).
  7. “Specific individual” or “individual” means the victim or alleged victim of stalking.
  8. “To engage in a course of conduct” means directly or indirectly, or through one or more third persons, in person or by any means, on 2 or more occasions, to:
    1. Follow, monitor, place under surveillance, threaten, or communicate to or about another individual;
    2. Interfere with, damage, take, or unlawfully enter an individual’s real or personal property or threaten or attempt to do so; or
    3. Use another individual’s personal identifying information.

§ 22-3133. Stalking.

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Posted by admin - at 10:40 pm

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