(2) No person, through the use of any form of written | 16 |
communication or any electronic method of remotely transferring | 17 |
information, including, but not limited to, any computer, computer | 18 |
network, computer program, or computer system, or | 19 |
telecommunications device shall post a message or use any | 20 |
intentionally written or verbal graphic gesture with purpose to | 21 |
urgedo either of the following: | 22 |
(b) In committing the offense under division (A)(1), (2), or | 38 |
(3) of this section, the offender made a threat of physical harm | 39 |
to or against the victim, or as a result of an offense committed | 40 |
under division (A)(2) or (3) of this section, a third person | 41 |
induced by the offender's posted message made a threat of physical | 42 |
harm to or against the victim. | 43 |
(c) In committing the offense under division (A)(1), (2), or | 44 |
(3) of this section, the offender trespassed on the land or | 45 |
premises where the victim lives, is employed, or attends school, | 46 |
or as a result of an offense committed under division (A)(2) or | 47 |
(3) of this section, a third person induced by the offender's | 48 |
posted message trespassed on the land or premises where the victim | 49 |
lives, is employed, or attends school. | 50 |
(f) While committing the offense under division (A)(1) of | 55 |
this section or a violation of division (A)(3) of this section | 56 |
based on conduct in violation of division (A)(1) of this section, | 57 |
the offender had a deadly weapon on or about the offender's person | 58 |
or under the offender's control. Division (B)(2)(f) of this | 59 |
section does not apply in determining the penalty for a violation | 60 |
of division (A)(2) of this section or a violation of division | 61 |
(A)(3) of this section based on conduct in violation of division | 62 |
(A)(2) of this section. | 63 |
(h) In committing the offense under division (A)(1), (2), or | 69 |
(3) of this section, the offender caused serious physical harm to | 70 |
the premises at which the victim resides, to the real property on | 71 |
which that premises is located, or to any personal property | 72 |
located on that premises, or, as a result of an offense committed | 73 |
under division (A)(2) of this section or an offense committed | 74 |
under division (A)(3) of this section based on a violation of | 75 |
division (A)(2) of this section, a third person induced by the | 76 |
offender's posted message caused serious physical harm to that | 77 |
premises, that real property, or any personal property on that | 78 |
premises. | 79 |
(3) If the victim of the offense is an officer or employee of | 86 |
a public children services agency or a private child placing | 87 |
agency and the offense relates to the officer's or employee's | 88 |
performance or anticipated performance of official | 89 |
responsibilities or duties, menacing by stalking is either a | 90 |
felony of the fifth degree or, if the offender previously has been | 91 |
convicted of or pleaded guilty to an offense of violence, the | 92 |
victim of that prior offense was an officer or employee of a | 93 |
public children services agency or private child placing agency, | 94 |
and that prior offense related to the officer's or employee's | 95 |
performance or anticipated performance of official | 96 |
responsibilities or duties, a felony of the fourth degree. | 97 |
(1) "Pattern of conduct" means two or more actions or | 101 |
incidents closely related in time, whether or not there has been a | 102 |
prior conviction based on any of those actions or incidents. | 103 |
Actions or incidents that prevent, obstruct, or delay the | 104 |
performance by a public official, firefighter, rescuer, emergency | 105 |
medical services person, or emergency facility person of any | 106 |
authorized act within the public official's, firefighter's, | 107 |
rescuer's, emergency medical services person's, or emergency | 108 |
facility person's official capacity, or the posting of messages or | 109 |
receipt of information or data through the use of an electronic | 110 |
method of remotely transferring information, including, but not | 111 |
limited to, a computer, computer network, computer program, | 112 |
computer system, or telecommunications device, may constitute a | 113 |
"pattern of conduct." | 114 |
(7) "Post a message" means transferring, sending, posting, | 134 |
publishing, disseminating, or otherwise communicating, or | 135 |
attempting to transfer, send, post, publish, disseminate, or | 136 |
otherwise communicate, any message or information, whether | 137 |
truthful or untruthful, about an individual, and whether done | 138 |
under one's own name, under the name of another, or while | 139 |
impersonating another. | 140 |
(F)(1) This section does not apply to a person solely because | 158 |
the person provided access or connection to or from an electronic | 159 |
method of remotely transferring information not under that | 160 |
person's control, including having provided capabilities that are | 161 |
incidental to providing access or connection to or from the | 162 |
electronic method of remotely transferring the information, and | 163 |
that do not include the creation of the content of the material | 164 |
that is the subject of the access or connection. In addition, any | 165 |
person providing access or connection to or from an electronic | 166 |
method of remotely transferring information not under that | 167 |
person's control shall not be liable for any action voluntarily | 168 |
taken in good faith to block the receipt or transmission through | 169 |
its service of any information that it believes is, or will be | 170 |
sent, in violation of this section. | 171 |
(2) Describes, suggests, requests, or proposes that the | 195 |
caller, the recipient of the telecommunication, or any other | 196 |
person engage in sexual activity, and the recipient or another | 197 |
person at the premises to which the telecommunication is made has | 198 |
requested, in a previous telecommunication or in the immediate | 199 |
telecommunication, that the caller not make a telecommunication to | 200 |
the recipient or to the premises to which the telecommunication is | 201 |
made; | 202 |
(4) Knowingly states to the recipient of the | 205 |
telecommunication that the caller intends to cause damage to or | 206 |
destroy public or private property, and the recipient, any member | 207 |
of the recipient's family, or any other person who resides at the | 208 |
premises to which the telecommunication is made owns, leases, | 209 |
resides, or works in, will at the time of the destruction or | 210 |
damaging be near or in, has the responsibility of protecting, or | 211 |
insures the property that will be destroyed or damaged; | 212 |
(6) Knowingly makes any comment, request, suggestion, or | 219 |
proposal to the recipient of the telecommunication that is | 220 |
threatening, intimidating, menacing, coercive, or obscene with the | 221 |
intent to abuse, threaten, annoy, alarm, or harass the recipient; | 222 |
(2) A violation of division (A)(1), (2), (3), or (5), (6), | 260 |
(7), (8), (9), (10), (11), (12), or (13) or (B) of this section is | 261 |
a misdemeanor of the first degree on a first offense and a felony | 262 |
of the fifth degree on each subsequent offense. | 263 |
(3) Except as otherwise provided in division (C)(3) of this | 264 |
section, a violation of division (A)(4) of this section is a | 265 |
misdemeanor of the first degree on a first offense and a felony of | 266 |
the fifth degree on each subsequent offense. If a violation of | 267 |
division (A)(4) of this section results in economic harm of one | 268 |
thousand dollars or more but less than seven thousand five hundred | 269 |
dollars, telecommunications harassment is a felony of the fifth | 270 |
degree. If a violation of division (A)(4) of this section results | 271 |
in economic harm of seven thousand five hundred dollars or more | 272 |
but less than one hundred fifty thousand dollars, | 273 |
telecommunications harassment is a felony of the fourth degree. If | 274 |
a violation of division (A)(4) of this section results in economic | 275 |
harm of one hundred fifty thousand dollars or more, | 276 |
telecommunications harassment is a felony of the third degree. | 277 |
(D) No cause of action may be asserted in any court of this | 278 |
state against any provider of a telecommunications service, | 279 |
interactive computer service as defined in section 230 of Title 47 | 280 |
of the United States Code, or information service, or against any | 281 |
officer, employee, or agent of a telecommunication service, | 282 |
interactive computer service as defined in section 230 of Title 47 | 283 |
of the United States Code, or information service, for any injury, | 284 |
death, or loss to person or
property that allegedly arises out of | 285 |
the provider's, officer's, employee's, or agent's provision of | 286 |
information, facilities, or assistance in accordance with the | 287 |
terms of a court order that is issued in relation to the | 288 |
investigation or prosecution of an alleged violation of this | 289 |
section. A provider of a telecommunications service, interactive | 290 |
computer service as defined in section 230 of Title 47 of the | 291 |
United States Code, or information service, or an officer, | 292 |
employee, or agent of a telecommunications service, interactive | 293 |
computer service as defined in section 230 of Title 47 of the | 294 |
United States Code, or information service, is immune from any | 295 |
civil or criminal liability for injury, death, or loss to person | 296 |
or property that allegedly arises out of the provider's, | 297 |
officer's, employee's, or agent's provision of information, | 298 |
facilities, or assistance in accordance with the terms of a court | 299 |
order that is issued in relation to the investigation or | 300 |
prosecution of an alleged violation of this section. | 301 |
(E)(1) This section does not apply to a person solely because | 302 |
the person provided access or connection to or from an electronic | 303 |
method of remotely transferring information not under that | 304 |
person's control, including having provided capabilities that are | 305 |
incidental to providing access or connection to or from the | 306 |
electronic method of remotely transferring the information, and | 307 |
that do not include the creation of the content of the material | 308 |
that is the subject of the access or connection. In addition, any | 309 |
person providing access or connection to or from an electronic | 310 |
method of remotely transferring information not under that | 311 |
person's control shall not be liable for any action voluntarily | 312 |
taken in good faith to block the receipt or transmission through | 313 |
its service of any information that the person believes is, or | 314 |
will be sent, in violation of this section. | 315 |
(4) A provider or user of an interactive computer service, as | 328 |
defined in section 230 of Title 47 of the United States Code, | 329 |
shall neither be treated as the publisher or speaker of any | 330 |
information provided by another information content provider, as | 331 |
defined in section 230 of Title 47 of the United States Code, nor | 332 |
held civilly or criminally liable for the creation or development | 333 |
of information provided by another information content provider, | 334 |
as defined in section 230 of Title 47 of the United States Code. | 335 |
Nothing in this division shall be construed to protect a person | 336 |
from liability to the extent that the person developed or created | 337 |
any content in violation of this section. | 338 |
(F)(G) Nothing in this section prohibits a person from making | 361 |
a telecommunication to a debtor that is in compliance with the | 362 |
"Fair Debt Collection Practices Act," 91 Stat. 874 (1977), 15 | 363 |
U.S.C. 1692, as amended, or the "Telephone Consumer Protection | 364 |
Act," 105 Stat. 2395 (1991), 47 U.S.C. 227, as amended. | 365 |