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Iowa Cyberstalking Laws

Iowa Cyberstalking Laws

708.7 Harassment.

    1. A person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person does any of the following:
      1. Communicates with another by telephone, telegraph, writing, or via electronic communication without legitimate purpose and in a manner likely to cause the other person annoyance or harm.
      2. Places a simulated explosive or simulated incendiary device in or near a building, vehicle, airplane, railroad engine or railroad car, or boat occupied by another person.
      3. Orders merchandise or services in the name of another, or to be delivered to another, without the other person’s knowledge or consent.
      4. Reports or causes to be reported false information to a law enforcement authority implicating another in some criminal activity, knowing that the information is false, or reports the alleged occurrence of a criminal act, knowing the act did not occur.
    2. A person commits harassment when the person, purposefully and without legitimate purpose, has personal contact with another person, with the intent to threaten, intimidate, or alarm that other person. As used in this section, unless the context otherwise requires, “personal contact” means an encounter in which two or more people are in visual or physical proximity to each other. “Personal contact” does not require a physical touching or oral communication, although it may include these types of contacts.

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Posted by admin - September 6, 2010 at 6:50 pm

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Prescription Drug Monitoring Program – PDMP by DEA

Prescription Drug Monitoring Program

The United States Drug Enforcement agency is working on a way to manage prescription drug abuse in this country.

Here are a few questions and answers from the U.S. Department of Justice Office of Diversion regarding the Prescription Drug Monitoring Program.

1. What is a prescription drug monitoring program (PDMP)?

According to the National Alliance for Model State Drug Laws (NAMSDL), a PDMP is a statewide electronic database which collects designated data on substances dispensed in the state. The PDMP is housed by a specified statewide regulatory, administrative or law enforcement agency. The housing agency distributes data from the database to individuals who are authorized under state law to receive the information for purposes of their profession.

2. Does the Drug Enforcement Administration (DEA) oversee PDMPs?

The DEA is not involved with the administration of any state PDMP.

3. What are the benefits of having a PDMP?

The overview provided by NAMSDL clearly identifies the benefits of a PDMP: as a tool used by states to address prescription drug abuse, addiction and diversion, it may serve several purposes such as:

1. support access to legitimate medical use of controlled substances,
2. identify and deter or prevent drug abuse and diversion,
3. facilitate and encourage the identification, intervention with and treatment of persons addicted to prescription drugs,
4. inform public health initiatives through outlining of use and abuse trends, and
5. educate individuals about PDMPs and the use, abuse and diversion of and addiction to prescription drugs.

4. Which states currently have a PDMP?

As of July 2010, 34 states have operational PDMPs that have the capacity to receive and distribute controlled substance prescription information to authorized users. States with operational programs include:

Alabama, Arizona, California, Colorado, Connecticut, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Nevada, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and Wyoming.

Seven states (Alaska, Florida, Kansas, New Jersey, Oregon, South Dakota and Wisconsin) and one U.S. territory (Guam) have enacted legislation to establish a PDMP, but are not fully operational.

*Washington State’s PDMP was operational but has been suspended due to fiscal constraints.

5. Are there other states that are planning to implement a PDMP?

Delaware has legislation pending to establish a PDMP.

6. Who can I contact regarding a PDMP in a specific state?

Each state designates a state agency to oversee its PDMP, which may include health departments, pharmacy boards, or state law enforcement. The Alliance of States with Prescription Monitoring Programs (www.pmpalliance.org) maintains a list of state contacts.

7. Where can I find state laws pertaining to prescription drug monitoring?

The National Alliance for Model State Drug Laws (www.namsdl.org) provides links to each state’s statutes and regulations regarding PDMPs.

8. Who can access the PDMP information collected?

Each state controls who will have access and for what purpose.

9. Is federal funding available for PDMPs?

There are currently two federal sources of funding for state PDMPs. The first is the Harold Rogers Prescription Drug Monitoring Program (HRPDMP) administered by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance. HRPDMP provides three categories of grants: planning, implementation, and enhancement. To be eligible for funding, the state must already have a statute or regulation permitting the establishment of a PDMP.

Since its inception in 2002, the HRPDMP has awarded over 100 grants for approximately $48 million. Congress allocated $7 million for fiscal year 2010 (FY10) for the grant program. Additional information can be found at www.ojp.usdoj.gov/BJA/grant/prescripdrugs.html

The second source of federal funding is the National All Schedules Prescription Electronic Reporting Act (NASPER) administered by the U.S. Department of Health and Human Services (HHS). This grant program enables states to create a PDMP database or enhance an existing one. Congress appropriated $2 million in FY09 to implement NASPER. FY09 is the first year for which state grants were made available. Appropriations for FY10 grants are also $2 million.

10. What is the difference between HRPDMP and NASPER?

The purpose of the HRPDMP is to enhance the capacity of regulatory and law enforcement agencies as well as public health officials to collect and analyze controlled substance prescription data through a centralized database administered by an authorized state agency.

NASPER administers a grant program under the authority of HHS. The intent of the law was to foster the establishment or enhancement of PDMPs that would meet consistent national criteria and have the capacity for the interstate exchange of information.

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Posted by admin - September 2, 2010 at 4:38 pm

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Wyoming Cyberstalking Laws

Wyoming Cyberstalking Laws

6-2-506. Stalking; penalty

  1. As used in this section:
    1. “Course of conduct” means a pattern of conduct composed of a series of acts over any period of time evidencing a continuity of purpose;
    2. “Harass” means to engage in a course of conduct, including but not limited to verbal threats, written threats, vandalism or nonconsensual physical contact, directed at a specific person or the family of a specific person, which the defendant knew or should have known would cause a reasonable person to suffer substantial emotional distress, and which does in fact seriously alarm the person toward whom it is directed.
  2. Unless otherwise provided by law, a person commits the crime of stalking if, with intent to harass another person, the person engages in a course of conduct reasonably likely to harass that person, including but not limited to any combination of the following:
    1. Communicating, anonymously or otherwise, or causing a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses
    2. Following a person, other than within the residence of the defendant;
    3. Placing a person under surveillance by remaining present outside his or her school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the defendant; or
    4. Otherwise engaging in a course of conduct that harasses another person.

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Posted by admin - August 31, 2010 at 10:45 pm

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Washington Cyberstalking Laws

Washington Cyberstalking Laws

House Bill 2771

Passed, when signed by Governor goes into effect on July 1, 2004.

AN ACT Relating to the prevention of cyberstalking; amending RCW 9A.46.060 and 9A.46.100; reenacting and amending RCW 9.94A.515 and 9.94A.515; adding a new section to chapter 9.61 RCW; prescribing penalties; providing an effective date; providing an expiration date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

{+ NEW SECTION. +} Sec. 1. A new section is added to chapter 9.61 RCW to read as follows:
(1) A person is guilty of cyberstalking if he or she, with intent to harass, intimidate, torment, or embarrass any other person, and under circumstances not constituting telephone harassment, makes an electronic communication to such other person or a third party:
(a) Using any lewd, lascivious, indecent, or obscene words, images, or language, or suggesting the commission of any lewd or lascivious act;
(b) Anonymously or repeatedly whether or not conversation occurs; or
(c) Threatening to inflict injury on the person or property of the person called or any member of his or her family or household.

(2) Cyberstalking is a gross misdemeanor, except as provided in subsection (3) of this section.

(3) Cyberstalking is a class C felony if either of the following applies:
(a) The perpetrator has previously been convicted of the crime of harassment, as defined in RCW 9A.46.060, with the same victim or a member of the victim’s family or household or any person specifically named in a no-contact order or no-harassment order in this or any other state; or
(b) The perpetrator engages in the behavior prohibited under subsection (1)(c) of this section by threatening to kill the person threatened or any other person.

(4) Any offense committed under this section may be deemed to have been committed either at the place from which the communication was made or at the place where the communication was received.

(5) For purposes of this section, “electronic communication” means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. “Electronic communication” includes, but is not limited to, electronic mail, internet based communications, pager service, and electronic text messaging.

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Virginia Cyberstalking Laws

Virginia Cyberstalking Laws

§ 18.2-152.7:1
If any person, with the intent to coerce, intimidate, or harass any person, shall use a computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act, he shall be guilty of a Class 1 misdemeanor.

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Texas Cyberstalking Laws

Texas Cyberstalking Laws

AN ACT
relating to the creation of the offense of online harassment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 33, Penal Code, is amended by adding
Section 33.07 to read as follows:

SEC. 33.07. ONLINE HARASSMENT. (a) A person commits an offense if the person uses the name or persona of another person to create a web page on or to post one or more messages on a commercial social networking site:
(1) without obtaining the other person’s consent; and
(2) with the intent to harm, defraud, intimidate, or threaten any person.
(b) A person commits an offense if the person sends an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or other item of identifying information belonging to any person:
(1) without obtaining the other person’s consent;
(2) with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and
(3) with the intent to harm or defraud any person.
(c) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) is a Class A misdemeanor, except that the offense is a felony of the third degree if the actor commits the offense with the intent to solicit a response by emergency personnel.
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
(e) It is a defense to prosecution under this section that the actor is any of the following entities or that the actor’s conduct consisted solely of action taken as an employee of any of the following entities:
(1) a commercial social networking site;
(2) an Internet service provider;
(3) an interactive computer service, as defined by 47 U.S.C. Section 230;
(4) a telecommunications provider, as defined by Section 51.002, Utilities Code; or

(f) In this section:
(1) “Commercial social networking site” means any business, organization, or other similar entity operating a website that permits persons to become registered users for the purpose of establishing personal relationships with other users through direct or real-time communication with other users or the creation of web pages or profiles available to the public or to other users. The term does not include an electronic mail program or a message board program.
(2) “Identifying information” has the meaning assigned by Section 32.51.
SECTION 2. This Act takes effect September 1, 2009.

Sec. 42.07. HARASSMENT. (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, he:

(1) initiates communication by telephone, in writing, or by electronic communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;

(2) threatens, by telephone, in writing, or by electronic communication, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of his family or household, or his property;

(3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury;

(4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another;

(5) makes a telephone call and intentionally fails to hang up or disengage the connection;

(6) knowingly permits a telephone under the person’s control to be used by another to commit an offense under this section; or

(7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another.

(b) In this section:

(1) “Electronic communication” means a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. The term includes:

(A) a communication initiated by electronic mail, instant message, network call, or facsimile machine; and

(B) a communication made to a pager.

(2) “Family” and “household” have the meaning assigned by Chapter 71, Family Code.

(3) “Obscene” means containing a patently offensive description of or a solicitation to commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function.

(c) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 2204, ch. 411, Sec. 1, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 10, Sec. 1, eff. March 19, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 657, Sec. 1, eff. June 14, 1995; Acts 1999, 76th Leg., ch. 62, Sec. 15.02(d), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1222, Sec. 1, eff. Sept. 1, 2001.

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Posted by admin - at 8:10 pm

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South Dakota Cyberstalknig Laws

South Dakota Cyberstalking Laws

22-19A-1. Stalking as a misdemeanor–Second offense a felony. No person may:

  1. Willfully, maliciously, and repeatedly follow or harass another person;
  2. Make a credible threat to another person with the intent to place that person in reasonable fear of death or great bodily injury; or
  3. Willfully, maliciously, and repeatedly harass another person by means of any verbal, electronic, digital media, mechanical, telegraphic, or written communication.

A violation of this section constitutes the crime of stalking. Stalking is a Class 1 misdemeanor. However, any second or subsequent conviction occurring within ten years of a prior conviction under this section is a Class 6 felony.

Source: SL 1992, ch 162, § 1; SL 1993, ch 176, § 1; SL 1997, ch 132, § 1; SL 2001, ch 112, § 1; SL 2002, ch 109, § 5; SL 2006, ch 120, § 1.

49-31-31. Threatening or harassing contacts by telephone or other electronic communication device as misdemeanor. It is a Class 1 misdemeanor for a person to use a telephone or other electronic communication device for any of the following purposes:

  1. To contact another person with intent to terrorize, intimidate, threaten, harass or annoy such person by using obscene or lewd language or by suggesting a lewd or lascivious act;
  2. To contact another person with intent to threaten to inflict physical harm or injury to any person or property;
  3. To contact another person with intent to extort money or other things of value;
  4. To contact another person with intent to disturb that person by repeated anonymous telephone calls or intentionally failing to replace the receiver or disengage the telephone connection.

It is a Class 1 misdemeanor for a person to knowingly permit a telephone or other electronic communication device under his or her control to be used for a purpose prohibited by this section.

Source: SL 1967, ch 30, § 1; SL 1983, ch 15, § 121; SL 2008, ch 240, § 1.

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New York Cyberstalking Laws

New York Cyberstalking Laws

§240.30 Aggravated harassment in the second degree.
A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she:
1. Either
(a) communicates with a person, anonymously or otherwise, by telephone, by telegraph, or by mail, or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm; or
(b) causes a communication to be initiated by mechanical or electronic means or otherwise with a person, anonymously or otherwise, by telephone, by telegraph, or by mail, or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm; or
2. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or
3. Strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same because of a belief or perception regarding such person’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct; or
4. Commits the crime of harassment in the first degree and has previously been convicted of the crime of harassment in the first degree as defined by section 240.25 of this article within the preceding ten years.
5. For the purposes of subdivision one of this section, “form of written communication” shall include, but not be limited to, a recording as defined in subdivision six of section 275.00 of this part.
Aggravated harassment in the second degree is a class A misdemeanor.

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Nebraska Cyberstalking Laws

Nebraska Cyberstalking Laws 28-311.02. Stalking and harassment; legislative intent; terms, defined.>

  1. It is the intent of the Legislature to enact laws dealing with stalking offenses which will protect victims from being willfully harassed, intentionally terrified, threatened, or intimidated by individuals who intentionally follow, detain, stalk, or harass them or impose any restraint on their personal liberty and which will not prohibit constitutionally protected activities.
  2. For purposes of sections 28-311.02 to 28-311.05, 28-311.09, and 28-311.10:
    1. Harass means to engage in a knowing and willful course of conduct directed at a specific person which seriously terrifies, threatens, or intimidates the person and which serves no legitimate purpose;
    2. Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including a series of acts of following, detaining, restraining the personal liberty of, or stalking the person or telephoning, contacting, or otherwise communicating with the person;
    3. Family or household member means a spouse or former spouse of the victim, children of the victim, a person presently residing with the victim or who has resided with the victim in the past, a person who had a child in common with the victim, other persons related to the victim by consanguinity or affinity, or any person presently involved in a dating relationship with the victim or who has been involved in a dating relationship with the victim. For purposes of this subdivision, dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement but does not include a casual relationship or an ordinary association between persons in a business or social context; and
    4. Substantially conforming criminal violation means a guilty plea, a nolo contendere plea, or a conviction for a violation of any federal law or law of another state or any county, city, or village ordinance of this state or another state substantially similar to section 28-311.03. Substantially conforming is a question of law to be determined by the court.

79-2,137. School district; development and adoption of bullying prevention and education policy; review.

  1. The Legislature finds and declares that:
    1. Bullying disrupts a school’s ability to educate students; and
    2. Bullying threatens public safety by creating an atmosphere in which such behavior can escalate into violence.
  2. For purposes of this section, bullying means any ongoing pattern of physical, verbal, or electronic abuse on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose by a school employee or his or her designee, or at school-sponsored activities or school-sponsored athletic events.
  3. On or before July 1, 2009, each school district as defined in section 79-101 shall develop and adopt a policy concerning bullying prevention and education for all students.
  4. The school district shall review the policy annually.

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Mississippi Cyberstalking Laws

Mississippi Cyberstalking Law

§ 97-45-15. “Cyberstalking”; penalties.

(1) It is unlawful for a person to:

(a) Use in electronic mail or electronic communication any words or language threatening to inflict bodily harm to any person or to that person’s child, sibling, spouse or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person.

(b) Electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of threatening, terrifying or harassing any person.

(c) Electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person’s family or household with the intent to threaten, terrify or harass.

(d) Knowingly permit an electronic communication device under the person’s control to be used for any purpose prohibited by this section.

(2) Whoever commits the offense of cyberstalking shall be punished, upon conviction:

(a) Except as provided herein, the person is guilty of a felony punishable by imprisonment for not more than two (2) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both.

(b) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than five (5) years or a fine of not more than Ten Thousand Dollars ($10,000.00), or both:

(i) The offense is in violation of a restraining order and the person has received actual notice of that restraining order or posting the message is in violation of an injunction or preliminary injunction.

(ii) The offense is in violation of a condition of probation, a condition of parole, a condition of pretrial release or a condition of release on bond pending appeal.

(iii) The offense results in a credible threat being communicated to the victim, a member of the victim’s family, or another individual living in the same household as the victim.

(iv) The person has been previously convicted of violating this section or a substantially similar law of another state, a political subdivision of another state, or of the United States.

(3) This section does not apply to any peaceable, nonviolent, or nonthreatening activity intended to express political views or to provide lawful information to others. This section shall not be construed to impair any constitutionally protected activity, including speech, protest or assembly.

Sources: Laws, 2003, ch. 562, § 6, eff from and after July 1, 2003.

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