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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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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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Posted by admin - at 10:40 pm

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Montana Cyberstalking Laws

Montana Cyberstalking Laws

45-8-213. Privacy in communications. (1) “Except as provided in 69-6-104, a person commits the offense of violating privacy in communications if the person knowingly or purpose”
(a) “with the purpose to terrify, intimidate, threaten, harass, annoy, or offend, communicates with a person by telephone or electronic mail and uses obscene, lewd, or profane language, suggests a lewd or lascivious act, or threatens to inflict injury or physical harm to the person or property of the person. The use of obscene, lewd, or profane language or the making of a threat or lewd or lascivious suggestions is prima facie evidence of an intent to terrify, intimidate, threaten, harass, annoy, or offend.”

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Posted by admin - at 2:56 am

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Illinois Cyberstalking Laws

Illinois Cyberstalking Laws

(720 ILCS 135/1/2)

Sec. 1-2. Harassment through electronic communications. (a) Harassment through electronic communications is the use of electronic communication for any of the following
purposes:
(1) Making any comment, request, suggestion or proposal which is obscene with an intent to offend;
(2) Interrupting, with the intent to harass, the telephone service or the electronic communication service of any person;
(3) Transmitting to any person, with the intent to harass and regardless of whether the communication is read in its entirety or at all, any file, document, or other communication which prevents that person from using his or her telephone service or electronic communications device;
(3.1) Transmitting an electronic communication or knowingly inducing a person to transmit an electronic communication for the purpose of harassing another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense;
(4) Threatening injury to the person or to the property of the person to whom an electronic communication is directed or to any of his or her family or household members; or
(5) Knowingly permitting any electronic communications device to be used for any of the purposes mentioned in this subsection (a).

(b) As used in this Act:
(1) “Electronic communication” means any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric or photo-optical system. “Electronic communication” includes transmissions by a computer through the Internet to another computer.
(2) “Family or household member” includes spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants. For purposes of this Act, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship.

(c) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.
(Source: P.A. 95-849, eff. 1-1-09; 95-984, eff. 6-1-09; 96-328, eff. 8-11-09.)

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Posted by admin - August 30, 2010 at 10:58 pm

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