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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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Vermont Cyberstalking Laws

Vermont Cyberstalking Laws

Sec. 2. 13 V.S.A. § 1027 Disturbing peace by use of telephone or other electronic communications

  1. A person who, with intent to terrify, intimidate, threaten, harass or annoy, makes contact by means of a telephonic or other electronic communication with another and
    1. makes any request, suggestion or proposal which is obscene, lewd, lascivious or indecent;
    2. threatens to inflict injury or physical harm to the person or property of any person; or
    3. disturbs, or attempts to disturb, by repeated anonymous telephone calls or other electronic communications, whether or not conversation ensues, the peace, quiet or right of privacy of any person at the place where the communication or communications are received

    shall be fined not more than $250.00 or be imprisoned not more than three months or both. If the defendant has previously been convicted of a violation of this section or of an offense under the laws of another state or of the United States which would have been an offense under this act if committed in this state, the defendant shall be fined not more than $500.00 or imprisoned for not more than six months, or both.

  2. An intent to terrify, threaten, harass or annoy may be inferred by the trier of fact from the use of obscene, lewd, lascivious or indecent language or the making of a threat or statement or repeated anonymous telephone calls or other electronic communications as set forth in this section and any trial court may in its discretion include a statement to this effect in its jury charge.
  3. An offense committed by use of a telephone or other electronic communication device as set forth in this section shall be considered to have been committed at either the place where the telephone call or calls originated or at the place where the communication or communications or calls were received. (Added 1967, No. 171, § 1; amended 1999, No. 124 (Adj. Sess.), § 2.)

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Posted by admin - August 31, 2010 at 10:38 pm

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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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Posted by admin - at 4:57 pm

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New Hampshire Cyberstalking Laws

New Hampshire Cyberstalking Laws

644:4 Harassment. -

  1. A person is guilty of a misdemeanor, and subject to prosecution in the jurisdiction where the communication originated or was received, if such person:
    1. Makes a telephone call, whether or not a conversation ensues, with no legitimate communicative purpose or without disclosing his or her identity and with a purpose to annoy, abuse, threaten, or alarm another; or
    2. Makes repeated communications at extremely inconvenient hours or in offensively coarse language with a purpose to annoy or alarm another; or
    3. Insults, taunts, or challenges another in a manner likely to provoke a violent or disorderly response; or
    4. Knowingly communicates any matter of a character tending to incite murder, assault, or arson; or
    5. With the purpose to annoy or alarm another, communicates any matter containing any threat to kidnap any person or to commit a violation of RSA 633:4; or a threat to the life or safety of another; or
    6. With the purpose to annoy or alarm another, having been previously notified that the recipient does not desire further communication, communicates with such person, when the communication is not for a lawful purpose or constitutionally protected.
  2. As used in paragraph I, “communicates” means to impart a message by any method of transmission, including but not limited to telephoning or personally delivering or sending or having delivered any information or material by written or printed note or letter, package, mail, courier service or electronic transmission, including electronic transmissions generated or communicated via a computer. For purposes of this section, “computer” means a programmable, electronic device capable of accepting and processing data.
  3. In any complaint or information brought for the enforcement of RSA 644:4, I(f), it shall not be necessary for the state to negate any exception, excuse, proviso, or exemption contained therein and the burden of proof of any exception, excuse, proviso, or exemption shall be upon the defendant.

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Posted by admin - at 4:46 am

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Indiana Cyberstalking Laws

Indiana Cyberstalking Laws

IC 35-45-2-2
Sec. 2. (a) A person who, with intent to harass, annoy, or alarm another person but with no intent of legitimate communication:

  1. makes a telephone call, whether or not a conversation ensues;
  2. communicates with a person by telegraph, mail, or other form of written communication;
  3. transmits an obscene message, or indecent or profane words, on a Citizens Radio Service channel; or
  4. uses a computer network (as defined in IC 35-43-2-3(a)) or other form of electronic communication to:
    1. communicate with a person; or
    2. transmit an obscene message or indecent or profane words to a person

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Posted by admin - August 30, 2010 at 11:00 pm

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Connecticut Cyberstalking Laws

Connecticut Cyberstalking Laws

Sec. 53a-182b. Harassment in the first degree: Class D felony.

    (a) A person is guilty of harassment in the first degree when, with the intent to harass, annoy, alarm or terrorize
    another person, he threatens to kill or physically injure that person or any other person, and communicates
    such threat by telephone, or by telegraph, mail, computer network, as defined in section 53a-250, or any other
    form of written communication, in a manner likely to cause annoyance or alarm and has been convicted of a
    capital felony, a class A felony, a class B felony, except a conviction under section 53a-86 or 53a-122, a class
    C felony, except a conviction under section 53a-87, 53a-152 or 53a-153, or a class D felony under sections
    53a-60 to 53a-60c, inclusive, 53a-72a, 53a-72b, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216.
    For the purposes of this section, “convicted” means having a judgment of conviction entered by a court of competent jurisdiction.(b) For purposes of this section, such offense may be deemed to have been committed either at the place
    where the telephone call was made or where it was received.

    (c) The court may order any person convicted under this section to be examined by one or more psychiatrists.

    (d) Harassment in the first degree is a class D felony.

Sec. 53a-183. Harassment in the second degree: Class C misdemeanor.

    • (1) By telephone, he addresses another in or uses indecent or obscene language; or
      (2) with intent to harass, annoy or alarm another person, he communicates with a person by telegraph or
      mail, by electronically transmitting a facsimile through connection with a telephone network, by
      computer network, as defined in section 53a-250, or by any other form of written communication, in a
      manner likely to cause annoyance or alarm; or
      (3) with intent to harass, annoy or alarm another person, he makes a telephone call, whether or not a
      conversation ensues, in a manner likely to cause annoyance or alarm.
  • (a) A person is guilty of harassment in the second degree when:
    (b) For purposes of this section such offense may be deemed to have been committed either at the place where the
    telephone call was made, or at the place where it was received.

    (c) The court may order any person convicted under this section to be examined by one or more psychiatrists.

    (d) Harassment in the second degree is a class C misdemeanor.

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Posted by admin - at 10:26 pm

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