Cyber Harassment Statutes
Cyber Harassment Statutes
State Citation Penalty
Alabama Ala. Code § 13A-11-8 Misdemeanor
Alaska Alaska Stat. § 1161.120 Misdemeanor
Arizona Ariz. Rev. Stat. § 13-2921 Misdemeanor
Arkansas Ark. Code § 5-41-108 Misdemeanor
California Cal. Penal Code §§ 422 and 653(m) Misdemeanor
Colorado Colo. Rev. Stat. § 18-9-111 Misdemeanor
Connecticut Conn. Gen. Stat. § 53A-182-83 1st Degree: Felony;
2nd Degree: Misdemeanor
Delaware Del. Code 11 § 1311 Misdemeanor
Florida Fla. Stat. § 784.048 Misdemeanor or Felony
Georgia
Hawaii Hawaii Rev. Stat. § 711-1106 Misdemeanor
Idaho
Illinois Ill. Comp. Stat. 720 § 135 1-2 Misdemeanor
Indiana Ind. Code § 35-45-2-2 Misdemeanor
Iowa Iowa Code § 708.7
Kansas
Kentucky
Louisiana
Maine
Maryland Md. Code § 3-3-805 Misdemeanor
Massachusetts Mass. Gen. Laws § 265-43A Felony
Michigan Mich. Comp. Laws § 750.411s Felony
Minnesota Minn. Stat. § 609.749 Misdemeanor or Felony
(if aggravated or repeated)
Mississippi Miss. Code § 97-29-45 Misdemeanor
Missouri V.A.M.S. § 565.090 Misdemeanor or Felony
(if repeat offender or an
adult over 21 against a
minor 17 years or
younger)
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State Citation Penalty
Montana MCA § 45-8-213 Misdemeanor
Nebraska
Nevada
New Hampshire N.H. Rev. Stat. § 644-4 Misdemeanor
New Jersey N.J.S. § 2C 33-4 Misdemeanor
New Mexico
New York N.Y. Penal Law § 240.30 Misdemeanor
North Carolina N.C.G.S.A. § 14-196.3 Misdemeanor
North Dakota
Ohio Ohio Rev. Code § 2917.21A Misdemeanor
Oklahoma Okla. Stat. 21 § 1172 Misdemeanor
Oregon Or. Rev. Stat. § 166.065 Misdemeanor
Pennsylvania Pa. Cons. Stat. 18 § 5504 Misdemeanor
Rhode Island
South Carolina S.C. Code § 16-3-700(a)2 Misdemeanor
South Dakota S.D. Cod. Laws § 49-31-31 Misdemeanor
Tennessee Tenn. Code § 39-17-308 Misdemeanor
Texas Tx. Penal Code § 42.07a Misdemeanor
Utah Utah code § 76-9-201 Misdemeanor
Vermont 13 V.S.A. § 1027 Misdemeanor
Virginia Va. Code 18.2 § 152.7.1 Misdemeanor
Washington Wash. Rev. Code § 9A.46.020 Misdemeanor
West Virginia W. Va. Code § 61-3C-14A Misdemeanor
Wisconsin Wis. Stat. § 947.0125 Misdemeanor
Wyoming
a. Provision ruled unconstitutional by Court of Appeals of Texas April 3, 2008, Karenev v.
Texas, 2008 WL 902799.
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Table 2. Cyberstalking Statutes
State Citation Penalty
Alabama
Alaska
Alaska Stat. § 11.41.260 Misdemeanor (Felony if
victim under 16)
Arizona
Arkansas
California Cal. Penal Code § 646.9 Misdemeanor
Colorado Colo. Rev. Stat. § 18-9-111 Felony
Connecticut
Delaware
Florida Fla. Stat. § 784.048 Misdemeanor or Felony
Georgia Georgia Code § 16-5-90 Misdemeanor
Hawaii
Idaho I.C. § 18-7906 Misdemeanor (Felony if
victim under 16)
Illinois Ill. Comp. Stat. 720 § 5-12-7.5 Felony
Indiana
Iowa
Kansas
Kentucky
Louisiana La. Rev. Stat. § 14-40.3 Misdemeanor
Maine
Maryland
Massachusetts Mass. Gen. Laws § 265 43 Felony
Michigan Mich. Comp. Laws § 750.411(h) Misdemeanor (Felony if
victim under 18 and
Defendant is 5 years older)
Minnesota Minn. Stat. § 609.749 Misdemeanor (Felony if
aggravated or repeated)
Mississippi Miss. Code § 97-45-15 Felony
Missouri V.A.M.S. § 565.225 Misdemeanor (Felony if
aggravated)
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State Citation Penalty
Montana MCA § 45-5-220 Misdemeanor
Nebraska
Nevada
New
Hampshire
New Jersey N.J.S. § 2C 12 10
New Mexico
New York
North Carolina N.C.G.S.A. 14-§ 196.3 Misdemeanor
North Dakota
Ohio Ohio Rev. Code § 2903.211 Misdemeanor (Felony under
some circumstances)
Oklahoma Okla. Stat. 21-§ 1173 Misdemeanor
Oregon Or. Rev. Stat. § 163.730-732 Misdemeanor
Pennsylvania Pa. Cons. Stat. 18 § 5504 Misdemeanor
Rhode Island R.I. Gen. Laws § 11-52-4.2 Misdemeanor (Felony on 2nd
offense)
South Carolina S.C. Code § 16-3-1700 Felony
South Dakota S.D. Cod. Laws § 22-19A-1 Misdemeanor
Tennessee T.C.A. § 39-17-315 Misdemeanor (Felony if
victim under 18)
Texas
Utah
Vermont
Virginia
Washington Wash. Rev. Code §§ 9A.46.110
and 9.61.260
Misdemeanor (Felony if
threaten to kill)
West Virginia
Wisconsin
Wyoming Wyo. Stat. § 6-2-506 Misdemeanor
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Table 2. Cyberharassment Statutory Language, by State
State Citation Selected Statutory Language
Alabama Ala. Code § 13A-11-
8(b)(1)
Harassing Communications: with intent to harass or alarm; communicates anonymously or otherwise by
telephone, telegraph, mail, or any other form of written or electronic communication, in a manner likely to harass
or cause alarm.
Alaska Alaska Stat. § 11.61.120
Harassment in the 2nd Degree: with intent to harass or annoy the other person: makes an obscene electronic
communication, or a telephone call or electronic communication that threatens physical injury or sexual contact.
Arizona Ariz. Rev. Stat. § 13-2921
Harassment: with intent to harass or with knowledge that harassing the other person; 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.
Arkansas Ark. Code § 5-41-108
Unlawful Computerized Communications: with the purpose to frighten, intimidate, threaten, abuse, or harass
another, the person sends a message: (1) by electronic mail or other computerized communication system, and in
that message threatens to cause physical injury, to any person or damage to the property of any person; (2) by
electronic mail or other computerized communication system with the reasonable expectation that the other person
will receive the message and in that message threatens to cause physical injury to any person or damage to the
property of any person; (3) to another person on an electronic mail or other computerized communication system
and in that message uses any obscene, lewd, or profane language; or (4) on an electronic mail or other
computerized communication system with the reasonable expectation that the other person will receive the
message and in that message uses any obscene, lewd, or profane language.
California Cal. Penal Code § 422
Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another
person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic
communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its
face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as
to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and
thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate
family’s safety.
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State Citation Selected Statutory Language
California Cal. Penal Code § 653(m)
Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication
device with another and addresses to or about the other person any obscene language or threat to inflict injury to
the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor.
Every person who makes repeated telephone calls or makes repeated contact by means of an electronic
communication device with intent to annoy another person at his or her residence is, whether or not conversation
ensues from making the telephone call or electronic contact, guilty of a misdemeanor.
Colorado Colo. Rev. Stat. § 18-9-
111
Harassment: With intent to harass, initiates communication with a person, by telephone, computer, computer
network, or computer system in a manner intended to harass or threaten bodily injury or property damage, or
makes any comment, request, suggestion, or proposal by telephone, computer, computer network, or computer
system that is obscene.
Connecticut Conn. Gen. Stat.
§ 53A-182-83
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 previous
felony.
A person is guilty of harassment in the second degree when: (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.
Delaware Del. Code 11 § 1311
A person is guilty of harassment when, with intent to harass, annoy or alarm another person: (2) Communicates
with a person by telephone, telegraph, mail or any other form of written or electronic communication in a manne
Delaware Del. Code 11 § 1311
A person is guilty of harassment when, with intent to harass, annoy or alarm another person: (2) Communicates
with a person by telephone, telegraph, mail or any other form of written or electronic communication in a manner
which the person knows is likely to cause annoyance or alarm
State Citation Selected Statutory Language
Florida Fla. Stat. § 784.048
“Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words,
images, or language by or through the use of electronic mail or electronic communication, directed at a specific
person, causing substantial emotional distress to that person and serving no legitimate purpose. (2) Any person
who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of
stalking, a misdemeanor of the first degree; (3) Any person who willfully, maliciously, and repeatedly follows,
harasses, or cyberstalks another person, and makes a credible threat with the intent to place that person in
reasonable fear of death or bodily injury of the person, or the person’s child, sibling, spouse, parent, or dependent,
commits the offense of aggravated stalking, a felony of the third degree; (4) Any person who, after an injunction
for protection against repeat violence, sexual violence, or dating violence , or an injunction for protection against
domestic violence , or after any other court-imposed prohibition of conduct toward the subject person or that
person’s property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another
person commits the offense of aggravated stalking, a felony of the third degree; (5) Any person who willfully,
maliciously, and repeatedly follows, harasses, or cyberstalks a minor under 16 years of age commits the offense of
aggravated stalking, a felony of the third degree.
Hawaii Hawaii Rev. Stat. § 711-
1106
A person commits the offense of harassment if, with intent to harass, annoy, or alarm any other person, that
person: repeatedly makes telephone calls, facsimile, or electronic mail transmissions without purpose of legitimate
communication; Repeatedly makes a communication anonymously or at an extremely inconvenient hour;
repeatedly makes communications, after being advised by the person to whom the communication is directed that
further communication is unwelcome; or makes a communication using offensively coarse language that would
cause the recipient to reasonably believe that the actor intends to cause bodily injury to the recipient or another or
damage to the property of the recipient or another.
llinois Ill. Comp. Stat. 720 § 135
1-2
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). “Electronic communication” means any transfer of signs,
CRS-32
State Citation Selected Statutory Language
signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio,
electromagnetic, photoelectric or photooptical system.
Indiana Ind. Code § 35-45-2-2
A person who, with intent to harass, annoy, or alarm another person but with no intent of legitimate
communication: uses a computer network (as defined in IC 35-43-2-3(a)) or other form of electronic
communication to: (A) communicate with a person; or (B) transmit an obscene message or indecent or profane
words to a person.
Iowa Iowa Code § 708.7
A person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person does any
of the following: 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.
Maryland Md. Code § 3-3-805
A person may not use electronic mail with the intent to harass: (1) one or more persons; or (2) by sending lewd,
lascivious, or obscene material.
Massachusetts Mass. Gen. Laws § 265-
43A
Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time
directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer
substantial emotional distress, shall be guilty of the crime of criminal harassment. Such conduct or acts described
in this paragraph shall include, but not be limited to, conduct or acts conducted by mail or by use of a telephonic or
telecommunication device including, but not limited to, electronic mail, Internet communications or facsimile
communications.
Michigan Mich. Comp. Laws §
750.411s
A person shall not post a message through the use of any medium of communication, including the Internet or a
computer, computer program, computer system, or computer network, or other electronic medium of
communication, without the victim’s consent, if all of the following apply: (a) The person knows or has reason to
know that posting the message could cause 2 or more separate noncontinuous acts of unconsented contact with the
victim; (b) Posting the message is intended to cause conduct that would make the victim feel terrorized,
frightened, intimidated, threatened, harassed, or molested; (c) Conduct arising from posting the message would
cause a reasonable person to suffer emotional distress and to feel terrorized, frightened, intimidated, threatened,
harassed, or molested; (d) Conduct arising from posting the message causes the victim to suffer emotional distress
and to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
Minnesota Minn. Stat. § 609.749
Harassment and stalking crimes. A person who harasses another by committing any of the following acts is guilty
of a gross misdemeanor: directly or indirectly manifests a purpose or intent to injure the person, property, or rights
of another by the commission of an unlawful act; stalks, follows, monitors, or pursues another, whether in person
or through technological or other means; repeatedly mails or delivers or causes the delivery by any means,
including electronically, of letters, telegrams, messages, packages, or other objects.
Mississippi Miss. Code § 97-29-45
It shall be unlawful for any person: (a) To make any comment, request, suggestion or proposal by means of
telecommunication or electronic communication which is obscene, lewd or lascivious with intent to abuse,
threaten or harass any party to a telephone conversation, telecommunication or electronic communication; (b) To
make a telecommunication or electronic communication with intent to terrify, intimidate or harass, and threaten to
inflict injury or physical harm to any person or to his property; (c) To make a telephone call, whether or not
conversation ensues, without disclosing his identity and with intent to annoy, abuse, threaten or harass any person
at the called number;... (f) Knowingly to permit a computer or a telephone of any type under his control to be used
for any purpose prohibited by this section.
Missouri V.A.M.S. § 565.090
A person commits the crime of harassment if he or she: Knowingly frightens, intimidates, or causes emotional
distress to another person by anonymously making a telephone call or any electronic communication.
Montana MCA § 45-8-213
A person commits the offense of violating privacy in communications if the person knowingly or purposely: (a)
with the purpose to terrify, intimidate, threaten, harass, annoy, or offend, communicates with a person by
electronic communication 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; (b) uses an electronic communication to attempt to extort
money or any other thing of value from a person or to disturb by repeated communications the peace, quiet, or
right of privacy of a person at the place where the communications are received.
New Hampshire N.H. Rev. Stat. § 644-4
A person is guilty of a misdemeanor if such person: (d) Knowingly communicates any matter of a character
tending to incite murder, assault, or arson; (e) 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 (f) 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. “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.
CRS-34
State Citation Selected Statutory Language
New Jersey N.J.S. § 2C 33-4
A person commits a petty disorderly persons offense if, with purpose to harass another, he: Makes, or causes to be
made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively
coarse language, or any other manner likely to cause annoyance or alarm; Subjects another to striking, kicking,
shoving, or other offensive touching, or threatens to do so; or engages in any other course of alarming conduct or
of repeatedly committed acts with purpose to alarm or seriously annoy such other person.
New York N.Y. Penal Law § 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: (b) causes a communication to be
initiated by mechanical or electronic means or otherwise with a person, anonymously or otherwise, by telephone,
or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm.
North Carolina N.C.G.S.A. § 14-196.3
It is unlawful for a person to: (1) 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. (2) Electronically mail or electronically communicate to another repeatedly, whether or not conversation
ensues, for the purpose of abusing, annoying, threatening, terrifying, harassing, or embarrassing any person. (3)
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 abuse, annoy, threaten, terrify,
harass, or embarrass. (4) Knowingly permit an electronic communication device under the person’s control to be
used for any purpose prohibited by this section.
Ohio Ohio Code § 2917.21A
No person shall knowingly make or cause to be made a telecommunication, or knowingly permit a
telecommunication to be made from a telecommunications device under the person’s control, to another, if the
caller does any of the following: (1) Fails to identify the caller to the recipient and makes the telecommunication
with purpose to harass or abuse any person at the premises, whether or not actual communication takes place
between the caller and a recipient; (4) Knowingly states to the recipient that the caller intends to cause damage to
or destroy public or private property, and the recipient, any member of the recipient’s family, or any other person
who resides at the premises has the responsibility of protecting, or insures the property that will be destroyed or
damaged; (5) Knowingly makes the telecommunication to the recipient, to another person at the premises, or to
those premises, and the recipient or another person at those premises previously has told the caller not to make a
telecommunication to those premises or to any persons at those premises. No person shall make or cause to be
made a telecommunication, or permit a telecommunication to be made from a device under the person’s control,
with purpose to abuse, threaten, or harass another person. “Telecommunication” means transmission over any
communications system by any method, including, but not limited to electronic, digital, or analog.
CRS-35
State Citation Selected Statutory Language
Oklahoma Okla. Stat. 21 § 1172
It shall be unlawful for a person who, by means of a electronic communication device, willfully either: 1. Makes
any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, or indecent; 2. Makes
electronic communication with intent to terrify, intimidate or harass, or threaten to inflict injury or physical harm
to any person or property of that person; 3. Makes an electronic communication, whether or not conversation
ensues, with intent to put the party called in fear of physical harm or death; 4. Makes electronic communication,
whether or not conversation ensues, without disclosing the identity of the person making the call or
communication and with intent to annoy, abuse, threaten, or harass any person at the called number; 5. Knowingly
permits any electronic communication under the control of the person to be used for any purpose prohibited by this
section; and 6. In conspiracy or concerted action with other persons, makes repeated calls or electronic
communications or simultaneous calls or electronic communications solely to harass any person.
Oregon Or. Rev. Stat. § 166.065
A person commits the crime of harassment if the person intentionally harasses or annoys another person by: (1)
Subjects another to alarm by conveying a telephonic, electronic or written threat to inflict serious physical injury
on that person or to commit a felony involving the person or property of that person or any member of that
person’s family, which threat reasonably would be expected to cause alarm. (2) A person is criminally liable for
harassment if the person knowingly permits any telephone or electronic device under the person’s control to be
used in violation of subsection (1) of this section.
Pennsylvania Pa. Cons. Stat. 18 § 5504
Harassment by communication or address: A person commits the crime of harassment by communication or
address when, with intent to harass, annoy or alarm another, the person: communicates to or about such other
person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures; or communicates
repeatedly in an anonymous manner; communicates repeatedly at extremely inconvenient hours; or communicates
repeatedly in a manner not covered.
South Carolina S.C. Code § 16-3-700(a)2
“Harassment in the second degree” means a pattern of intentional, substantial, and unreasonable intrusion into
the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a
reasonable person in his position to suffer mental or emotional distress. Harassment in the second degree may
include, but is not limited to, verbal, written, or electronic contact that is initiated, maintained, or repeated.
CRS-36
State Citation Selected Statutory Language
South Dakota S.D. Cod. Laws § 49-31-
31
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; (5) 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.
Tennessee Tenn. Code § 39-17-308
A person commits an offense who intentionally: Threatens, by telephone, in writing, or by electronic
communication, including electronic mail or Internet services, to take action known to be unlawful against any
person, and by this action knowingly annoys or alarms the recipient.
Texas
Tx. Penal Code § 42.07
(Provision ruled
unconstitutional by Court
of Appeals of Texas April
3, 2008, Karenev v. Texas,
2008 WL 902799.)
Harassment: 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...; (7) sends repeated electronic communications in a manner reasonably likely to
harass, annoy, alarm, abuse, torment, embarrass, or offend another.
Utah Utah code § 76-9-201
A person is guilty of electronic communication harassment if with intent to annoy, alarm, intimidate, offend,
abuse, threaten, harass, frighten, or disrupt the electronic communications of another, the person: (a) makes
repeated contact by means of electronic communications, whether or not a conversation ensues; or after the
recipient has requested or informed the person not to contact the recipient, and the person repeatedly or
continuously contacts the electronic communication device of the recipient; or causes an electronic
communication device of the recipient to ring or to receive other notification of attempted contact by means of
electronic communication; (b) makes contact by means of electronic communication and insults, taunts, or
challenges the recipient of the communication or any person at the receiving location in a manner likely to
provoke a violent or disorderly response; (c) makes contact by means of electronic communication and threatens
to inflict injury, physical harm, or damage to any person or the property of any person.
Vermont 13 V.S.A. § 1027
Disturbing peace by use of telephone or other electronic communications: 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 (i) makes any request, suggestion or proposal which is obscene, lewd, lascivious or indecent; (ii)
threatens to inflict injury or physical harm to the person or property of any person; or (iii) disturbs, or attempts to
State Citation Penalty
Alabama Ala. Code § 13A-11-8 Misdemeanor
Alaska Alaska Stat. § 1161.120 Misdemeanor
Arizona Ariz. Rev. Stat. § 13-2921 Misdemeanor
Arkansas Ark. Code § 5-41-108 Misdemeanor
California Cal. Penal Code §§ 422 and 653(m) Misdemeanor
Colorado Colo. Rev. Stat. § 18-9-111 Misdemeanor
Connecticut Conn. Gen. Stat. § 53A-182-83 1st Degree: Felony;
2nd Degree: Misdemeanor
Delaware Del. Code 11 § 1311 Misdemeanor
Florida Fla. Stat. § 784.048 Misdemeanor or Felony
Georgia
Hawaii Hawaii Rev. Stat. § 711-1106 Misdemeanor
Idaho
Illinois Ill. Comp. Stat. 720 § 135 1-2 Misdemeanor
Indiana Ind. Code § 35-45-2-2 Misdemeanor
Iowa Iowa Code § 708.7
Kansas
Kentucky
Louisiana
Maine
Maryland Md. Code § 3-3-805 Misdemeanor
Massachusetts Mass. Gen. Laws § 265-43A Felony
Michigan Mich. Comp. Laws § 750.411s Felony
Minnesota Minn. Stat. § 609.749 Misdemeanor or Felony
(if aggravated or repeated)
Mississippi Miss. Code § 97-29-45 Misdemeanor
Missouri V.A.M.S. § 565.090 Misdemeanor or Felony
(if repeat offender or an
adult over 21 against a
minor 17 years or
younger)
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State Citation Penalty
Montana MCA § 45-8-213 Misdemeanor
Nebraska
Nevada
New Hampshire N.H. Rev. Stat. § 644-4 Misdemeanor
New Jersey N.J.S. § 2C 33-4 Misdemeanor
New Mexico
New York N.Y. Penal Law § 240.30 Misdemeanor
North Carolina N.C.G.S.A. § 14-196.3 Misdemeanor
North Dakota
Ohio Ohio Rev. Code § 2917.21A Misdemeanor
Oklahoma Okla. Stat. 21 § 1172 Misdemeanor
Oregon Or. Rev. Stat. § 166.065 Misdemeanor
Pennsylvania Pa. Cons. Stat. 18 § 5504 Misdemeanor
Rhode Island
South Carolina S.C. Code § 16-3-700(a)2 Misdemeanor
South Dakota S.D. Cod. Laws § 49-31-31 Misdemeanor
Tennessee Tenn. Code § 39-17-308 Misdemeanor
Texas Tx. Penal Code § 42.07a Misdemeanor
Utah Utah code § 76-9-201 Misdemeanor
Vermont 13 V.S.A. § 1027 Misdemeanor
Virginia Va. Code 18.2 § 152.7.1 Misdemeanor
Washington Wash. Rev. Code § 9A.46.020 Misdemeanor
West Virginia W. Va. Code § 61-3C-14A Misdemeanor
Wisconsin Wis. Stat. § 947.0125 Misdemeanor
Wyoming
a. Provision ruled unconstitutional by Court of Appeals of Texas April 3, 2008, Karenev v.
Texas, 2008 WL 902799.
CRS-27
Table 2. Cyberstalking Statutes
State Citation Penalty
Alabama
Alaska
Alaska Stat. § 11.41.260 Misdemeanor (Felony if
victim under 16)
Arizona
Arkansas
California Cal. Penal Code § 646.9 Misdemeanor
Colorado Colo. Rev. Stat. § 18-9-111 Felony
Connecticut
Delaware
Florida Fla. Stat. § 784.048 Misdemeanor or Felony
Georgia Georgia Code § 16-5-90 Misdemeanor
Hawaii
Idaho I.C. § 18-7906 Misdemeanor (Felony if
victim under 16)
Illinois Ill. Comp. Stat. 720 § 5-12-7.5 Felony
Indiana
Iowa
Kansas
Kentucky
Louisiana La. Rev. Stat. § 14-40.3 Misdemeanor
Maine
Maryland
Massachusetts Mass. Gen. Laws § 265 43 Felony
Michigan Mich. Comp. Laws § 750.411(h) Misdemeanor (Felony if
victim under 18 and
Defendant is 5 years older)
Minnesota Minn. Stat. § 609.749 Misdemeanor (Felony if
aggravated or repeated)
Mississippi Miss. Code § 97-45-15 Felony
Missouri V.A.M.S. § 565.225 Misdemeanor (Felony if
aggravated)
CRS-28
State Citation Penalty
Montana MCA § 45-5-220 Misdemeanor
Nebraska
Nevada
New
Hampshire
New Jersey N.J.S. § 2C 12 10
New Mexico
New cyberstalking law in New Mexico
Posted: Jul 02, 2009 10:08 PM CDT Updated: Jul 02, 2009 10:14 PM CDTAuthorities in New Mexico applaud the state legislature for taking action quickly to expand stalking laws.
Several laws went into effect July 1st in New Mexico, including one that broadens the language in the current stalking law to include cyberstalking.
Minh Tran, the webmaster for Eastern New Mexico University in Portales says it's easy to find personal information on the web. "From so many places that they can collect a pretty good amount of information about you. They can find where you're at. They can find out what you do, the schedule maybe online if you talk to somebody or you discuss online or in a chat room."
Cyberstalking is when someone gets that information and emails a victim or visits a social website and harasses a victim. Police say the new law will enable them to treat cyberstalking like regular stalking. Captain Lonnie Berry of the Portales Police Department says "With this in place it gives us an opportunity to take some enforcement action."
Current penalties depend on the number of offenses. Berry adds, "It was a misdemeanor offense, of course we add some teeth in it, that if you are convicted of a second time or if you have a DVO in place, then there are some felony charges attached to that as well."
Knowing the danger, the University takes cyber-security seriously. Wendel Sloan, Media Relations director of the university says, "We do not provide addresses on the web for promotional materials, we just use their first name, we don't even provide phone numbers for students without their permission."
Tran says it's best not to put too much information about yourself online.
North Carolina N.C.G.S.A. 14-§ 196.3 Misdemeanor
North Dakota
Ohio Ohio Rev. Code § 2903.211 Misdemeanor (Felony under
some circumstances)
Oklahoma Okla. Stat. 21-§ 1173 Misdemeanor
Oregon Or. Rev. Stat. § 163.730-732 Misdemeanor
Pennsylvania Pa. Cons. Stat. 18 § 5504 Misdemeanor
Rhode Island R.I. Gen. Laws § 11-52-4.2 Misdemeanor (Felony on 2nd
offense)
South Carolina S.C. Code § 16-3-1700 Felony
South Dakota S.D. Cod. Laws § 22-19A-1 Misdemeanor
Tennessee T.C.A. § 39-17-315 Misdemeanor (Felony if
victim under 18)
Texas
Utah
Vermont
Virginia
Washington Wash. Rev. Code §§ 9A.46.110
and 9.61.260
Misdemeanor (Felony if
threaten to kill)
West Virginia
Wisconsin
Wyoming Wyo. Stat. § 6-2-506 Misdemeanor
CRS-29
Table 2. Cyberharassment Statutory Language, by State
State Citation Selected Statutory Language
Alabama Ala. Code § 13A-11-
8(b)(1)
Harassing Communications: with intent to harass or alarm; communicates anonymously or otherwise by
telephone, telegraph, mail, or any other form of written or electronic communication, in a manner likely to harass
or cause alarm.
Alaska Alaska Stat. § 11.61.120
Harassment in the 2nd Degree: with intent to harass or annoy the other person: makes an obscene electronic
communication, or a telephone call or electronic communication that threatens physical injury or sexual contact.
Arizona Ariz. Rev. Stat. § 13-2921
Harassment: with intent to harass or with knowledge that harassing the other person; 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.
Arkansas Ark. Code § 5-41-108
Unlawful Computerized Communications: with the purpose to frighten, intimidate, threaten, abuse, or harass
another, the person sends a message: (1) by electronic mail or other computerized communication system, and in
that message threatens to cause physical injury, to any person or damage to the property of any person; (2) by
electronic mail or other computerized communication system with the reasonable expectation that the other person
will receive the message and in that message threatens to cause physical injury to any person or damage to the
property of any person; (3) to another person on an electronic mail or other computerized communication system
and in that message uses any obscene, lewd, or profane language; or (4) on an electronic mail or other
computerized communication system with the reasonable expectation that the other person will receive the
message and in that message uses any obscene, lewd, or profane language.
California Cal. Penal Code § 422
Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another
person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic
communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its
face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as
to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and
thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate
family’s safety.
CRS-30
State Citation Selected Statutory Language
California Cal. Penal Code § 653(m)
Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication
device with another and addresses to or about the other person any obscene language or threat to inflict injury to
the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor.
Every person who makes repeated telephone calls or makes repeated contact by means of an electronic
communication device with intent to annoy another person at his or her residence is, whether or not conversation
ensues from making the telephone call or electronic contact, guilty of a misdemeanor.
Colorado Colo. Rev. Stat. § 18-9-
111
Harassment: With intent to harass, initiates communication with a person, by telephone, computer, computer
network, or computer system in a manner intended to harass or threaten bodily injury or property damage, or
makes any comment, request, suggestion, or proposal by telephone, computer, computer network, or computer
system that is obscene.
Connecticut Conn. Gen. Stat.
§ 53A-182-83
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 previous
felony.
A person is guilty of harassment in the second degree when: (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.
Delaware Del. Code 11 § 1311
A person is guilty of harassment when, with intent to harass, annoy or alarm another person: (2) Communicates
with a person by telephone, telegraph, mail or any other form of written or electronic communication in a manne
Delaware Del. Code 11 § 1311
A person is guilty of harassment when, with intent to harass, annoy or alarm another person: (2) Communicates
with a person by telephone, telegraph, mail or any other form of written or electronic communication in a manner
which the person knows is likely to cause annoyance or alarm
State Citation Selected Statutory Language
Florida Fla. Stat. § 784.048
“Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words,
images, or language by or through the use of electronic mail or electronic communication, directed at a specific
person, causing substantial emotional distress to that person and serving no legitimate purpose. (2) Any person
who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of
stalking, a misdemeanor of the first degree; (3) Any person who willfully, maliciously, and repeatedly follows,
harasses, or cyberstalks another person, and makes a credible threat with the intent to place that person in
reasonable fear of death or bodily injury of the person, or the person’s child, sibling, spouse, parent, or dependent,
commits the offense of aggravated stalking, a felony of the third degree; (4) Any person who, after an injunction
for protection against repeat violence, sexual violence, or dating violence , or an injunction for protection against
domestic violence , or after any other court-imposed prohibition of conduct toward the subject person or that
person’s property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another
person commits the offense of aggravated stalking, a felony of the third degree; (5) Any person who willfully,
maliciously, and repeatedly follows, harasses, or cyberstalks a minor under 16 years of age commits the offense of
aggravated stalking, a felony of the third degree.
Hawaii Hawaii Rev. Stat. § 711-
1106
A person commits the offense of harassment if, with intent to harass, annoy, or alarm any other person, that
person: repeatedly makes telephone calls, facsimile, or electronic mail transmissions without purpose of legitimate
communication; Repeatedly makes a communication anonymously or at an extremely inconvenient hour;
repeatedly makes communications, after being advised by the person to whom the communication is directed that
further communication is unwelcome; or makes a communication using offensively coarse language that would
cause the recipient to reasonably believe that the actor intends to cause bodily injury to the recipient or another or
damage to the property of the recipient or another.
llinois Ill. Comp. Stat. 720 § 135
1-2
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). “Electronic communication” means any transfer of signs,
CRS-32
State Citation Selected Statutory Language
signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio,
electromagnetic, photoelectric or photooptical system.
Indiana Ind. Code § 35-45-2-2
A person who, with intent to harass, annoy, or alarm another person but with no intent of legitimate
communication: uses a computer network (as defined in IC 35-43-2-3(a)) or other form of electronic
communication to: (A) communicate with a person; or (B) transmit an obscene message or indecent or profane
words to a person.
Iowa Iowa Code § 708.7
A person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person does any
of the following: 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.
Maryland Md. Code § 3-3-805
A person may not use electronic mail with the intent to harass: (1) one or more persons; or (2) by sending lewd,
lascivious, or obscene material.
Massachusetts Mass. Gen. Laws § 265-
43A
Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time
directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer
substantial emotional distress, shall be guilty of the crime of criminal harassment. Such conduct or acts described
in this paragraph shall include, but not be limited to, conduct or acts conducted by mail or by use of a telephonic or
telecommunication device including, but not limited to, electronic mail, Internet communications or facsimile
communications.
Michigan Mich. Comp. Laws §
750.411s
A person shall not post a message through the use of any medium of communication, including the Internet or a
computer, computer program, computer system, or computer network, or other electronic medium of
communication, without the victim’s consent, if all of the following apply: (a) The person knows or has reason to
know that posting the message could cause 2 or more separate noncontinuous acts of unconsented contact with the
victim; (b) Posting the message is intended to cause conduct that would make the victim feel terrorized,
frightened, intimidated, threatened, harassed, or molested; (c) Conduct arising from posting the message would
cause a reasonable person to suffer emotional distress and to feel terrorized, frightened, intimidated, threatened,
harassed, or molested; (d) Conduct arising from posting the message causes the victim to suffer emotional distress
and to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
Minnesota Minn. Stat. § 609.749
Harassment and stalking crimes. A person who harasses another by committing any of the following acts is guilty
of a gross misdemeanor: directly or indirectly manifests a purpose or intent to injure the person, property, or rights
of another by the commission of an unlawful act; stalks, follows, monitors, or pursues another, whether in person
or through technological or other means; repeatedly mails or delivers or causes the delivery by any means,
including electronically, of letters, telegrams, messages, packages, or other objects.
Mississippi Miss. Code § 97-29-45
It shall be unlawful for any person: (a) To make any comment, request, suggestion or proposal by means of
telecommunication or electronic communication which is obscene, lewd or lascivious with intent to abuse,
threaten or harass any party to a telephone conversation, telecommunication or electronic communication; (b) To
make a telecommunication or electronic communication with intent to terrify, intimidate or harass, and threaten to
inflict injury or physical harm to any person or to his property; (c) To make a telephone call, whether or not
conversation ensues, without disclosing his identity and with intent to annoy, abuse, threaten or harass any person
at the called number;... (f) Knowingly to permit a computer or a telephone of any type under his control to be used
for any purpose prohibited by this section.
Missouri V.A.M.S. § 565.090
A person commits the crime of harassment if he or she: Knowingly frightens, intimidates, or causes emotional
distress to another person by anonymously making a telephone call or any electronic communication.
Montana MCA § 45-8-213
A person commits the offense of violating privacy in communications if the person knowingly or purposely: (a)
with the purpose to terrify, intimidate, threaten, harass, annoy, or offend, communicates with a person by
electronic communication 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; (b) uses an electronic communication to attempt to extort
money or any other thing of value from a person or to disturb by repeated communications the peace, quiet, or
right of privacy of a person at the place where the communications are received.
New Hampshire N.H. Rev. Stat. § 644-4
A person is guilty of a misdemeanor if such person: (d) Knowingly communicates any matter of a character
tending to incite murder, assault, or arson; (e) 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 (f) 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. “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.
CRS-34
State Citation Selected Statutory Language
New Jersey N.J.S. § 2C 33-4
A person commits a petty disorderly persons offense if, with purpose to harass another, he: Makes, or causes to be
made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively
coarse language, or any other manner likely to cause annoyance or alarm; Subjects another to striking, kicking,
shoving, or other offensive touching, or threatens to do so; or engages in any other course of alarming conduct or
of repeatedly committed acts with purpose to alarm or seriously annoy such other person.
New York N.Y. Penal Law § 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: (b) causes a communication to be
initiated by mechanical or electronic means or otherwise with a person, anonymously or otherwise, by telephone,
or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm.
North Carolina N.C.G.S.A. § 14-196.3
It is unlawful for a person to: (1) 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. (2) Electronically mail or electronically communicate to another repeatedly, whether or not conversation
ensues, for the purpose of abusing, annoying, threatening, terrifying, harassing, or embarrassing any person. (3)
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 abuse, annoy, threaten, terrify,
harass, or embarrass. (4) Knowingly permit an electronic communication device under the person’s control to be
used for any purpose prohibited by this section.
Ohio Ohio Code § 2917.21A
No person shall knowingly make or cause to be made a telecommunication, or knowingly permit a
telecommunication to be made from a telecommunications device under the person’s control, to another, if the
caller does any of the following: (1) Fails to identify the caller to the recipient and makes the telecommunication
with purpose to harass or abuse any person at the premises, whether or not actual communication takes place
between the caller and a recipient; (4) Knowingly states to the recipient that the caller intends to cause damage to
or destroy public or private property, and the recipient, any member of the recipient’s family, or any other person
who resides at the premises has the responsibility of protecting, or insures the property that will be destroyed or
damaged; (5) Knowingly makes the telecommunication to the recipient, to another person at the premises, or to
those premises, and the recipient or another person at those premises previously has told the caller not to make a
telecommunication to those premises or to any persons at those premises. No person shall make or cause to be
made a telecommunication, or permit a telecommunication to be made from a device under the person’s control,
with purpose to abuse, threaten, or harass another person. “Telecommunication” means transmission over any
communications system by any method, including, but not limited to electronic, digital, or analog.
CRS-35
State Citation Selected Statutory Language
Oklahoma Okla. Stat. 21 § 1172
It shall be unlawful for a person who, by means of a electronic communication device, willfully either: 1. Makes
any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, or indecent; 2. Makes
electronic communication with intent to terrify, intimidate or harass, or threaten to inflict injury or physical harm
to any person or property of that person; 3. Makes an electronic communication, whether or not conversation
ensues, with intent to put the party called in fear of physical harm or death; 4. Makes electronic communication,
whether or not conversation ensues, without disclosing the identity of the person making the call or
communication and with intent to annoy, abuse, threaten, or harass any person at the called number; 5. Knowingly
permits any electronic communication under the control of the person to be used for any purpose prohibited by this
section; and 6. In conspiracy or concerted action with other persons, makes repeated calls or electronic
communications or simultaneous calls or electronic communications solely to harass any person.
Oregon Or. Rev. Stat. § 166.065
A person commits the crime of harassment if the person intentionally harasses or annoys another person by: (1)
Subjects another to alarm by conveying a telephonic, electronic or written threat to inflict serious physical injury
on that person or to commit a felony involving the person or property of that person or any member of that
person’s family, which threat reasonably would be expected to cause alarm. (2) A person is criminally liable for
harassment if the person knowingly permits any telephone or electronic device under the person’s control to be
used in violation of subsection (1) of this section.
Pennsylvania Pa. Cons. Stat. 18 § 5504
Harassment by communication or address: A person commits the crime of harassment by communication or
address when, with intent to harass, annoy or alarm another, the person: communicates to or about such other
person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures; or communicates
repeatedly in an anonymous manner; communicates repeatedly at extremely inconvenient hours; or communicates
repeatedly in a manner not covered.
South Carolina S.C. Code § 16-3-700(a)2
“Harassment in the second degree” means a pattern of intentional, substantial, and unreasonable intrusion into
the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a
reasonable person in his position to suffer mental or emotional distress. Harassment in the second degree may
include, but is not limited to, verbal, written, or electronic contact that is initiated, maintained, or repeated.
CRS-36
State Citation Selected Statutory Language
South Dakota S.D. Cod. Laws § 49-31-
31
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; (5) 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.
Tennessee Tenn. Code § 39-17-308
A person commits an offense who intentionally: Threatens, by telephone, in writing, or by electronic
communication, including electronic mail or Internet services, to take action known to be unlawful against any
person, and by this action knowingly annoys or alarms the recipient.
Texas
Tx. Penal Code § 42.07
(Provision ruled
unconstitutional by Court
of Appeals of Texas April
3, 2008, Karenev v. Texas,
2008 WL 902799.)
Harassment: 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...; (7) sends repeated electronic communications in a manner reasonably likely to
harass, annoy, alarm, abuse, torment, embarrass, or offend another.
Utah Utah code § 76-9-201
A person is guilty of electronic communication harassment if with intent to annoy, alarm, intimidate, offend,
abuse, threaten, harass, frighten, or disrupt the electronic communications of another, the person: (a) makes
repeated contact by means of electronic communications, whether or not a conversation ensues; or after the
recipient has requested or informed the person not to contact the recipient, and the person repeatedly or
continuously contacts the electronic communication device of the recipient; or causes an electronic
communication device of the recipient to ring or to receive other notification of attempted contact by means of
electronic communication; (b) makes contact by means of electronic communication and insults, taunts, or
challenges the recipient of the communication or any person at the receiving location in a manner likely to
provoke a violent or disorderly response; (c) makes contact by means of electronic communication and threatens
to inflict injury, physical harm, or damage to any person or the property of any person.
Vermont 13 V.S.A. § 1027
Disturbing peace by use of telephone or other electronic communications: 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 (i) makes any request, suggestion or proposal which is obscene, lewd, lascivious or indecent; (ii)
threatens to inflict injury or physical harm to the person or property of any person; or (iii) disturbs, or attempts to
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