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West Virginia Cyberstalking Laws

West Virginia Cyberstalking Laws

ARTICLE 3C. WEST VIRGINIA COMPUTER CRIME AND ABUSE ACT.
Status: Bill history: approved by Governor 3/7/02

§61-3C-14a. Obscene, anonymous, harassing and threatening communications by computer; penalty.

(a) It is unlawful for any person who, with the intent to harass or abuse another person, uses a computer to:

(1) Make any comment, request, suggestion or proposal which is obscene; or

(2) Make a contact without disclosing his or her identity; or

(3) Make contact repeatedly with a person after being requested by the person to desist from contacting them; or

(4) Threaten to commit a crime against any person or property.

(b) It is unlawful for any person to knowingly permit a computer under his or her control to be used for any purpose prohibited by this section.

(c) 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 intended to be received.

(d) Any person who violates a provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars, or confined in a county or regional jail not more than six months, or both. For a second or subsequent offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars or confined in a county or regional jail for not more than one year, or both.

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Posted by admin - August 31, 2010 at 10:42 pm

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Rhode Island Cyberstalking Law

Rhode Island Cyberstalking Law

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.

11-52-4.3 Violation of restraining order. – (a) Whenever there is a restraining order or injunction issued by a court of competent jurisdiction enjoining one person from harassing another person, and the person so enjoined is convicted of the crime as set forth in section 11-52-4.2 for actions against the person protected by the court order or injunction, he or she shall be guilty of a felony which shall be punishable by imprisonment for not more than two (2) years, or by a fine of not more than six thousand dollars ($6,000), or both.
(b) A second or subsequent conviction under subsection (a) of this section shall be punishable by imprisonment for not more than five (5) years, by a fine of not more than ten thousand dollars ($10,000), or both.

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Posted by admin - at 7:36 pm

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Arizona Cyberstalking Laws

Arizona Harassment Laws

13-2921. Harassment; classification; definition

  1. A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person:
    1. Anonymously or otherwise communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses.
    2. Continues to follow another person in or about a public place for no legitimate purpose after being asked to desist.
    3. Repeatedly commits an act or acts that harass another person.
    4. Surveils or causes another person to surveil a person for no legitimate purpose.
    5. On more than one occasion makes a false report to a law enforcement, credit or social service agency.
    6. Interferes with the delivery of any public or regulated utility to a person.
  2. A person commits harassment against a public officer or employee if the person, with intent to harass, files a nonconsensual lien against any public officer or employee that is not accompanied by an order or a judgment from a court of competent jurisdiction authorizing the filing of the lien or is not issued by a governmental entity or political subdivision or agency pursuant to its statutory authority, a validly licensed utility or water delivery company, a mechanics’ lien claimant or an entity created under covenants, conditions, restrictions or declarations affecting real property.
  3. Harassment under subsection A is a class 1 misdemeanor. Harassment under subsection B is a class 5 felony.
  4. This section does not apply to an otherwise lawful demonstration, assembly or picketing.
  5. For purposes of this section, “harassment” means conduct directed at a specific person which would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person.

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Posted by admin - August 30, 2010 at 8:12 pm

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