State Codes and Statutes
Statutes > Utah > Title-76 > Chapter-09 > 76-9-20176-9-201. Electronic communication harassment -- Definitions -- Penalties.
(1) As used in this section:
(a) "Adult" means a person 18 years of age or older.
(b) "Electronic communication" means any communication by electronic,electro-mechanical, or electro-optical communication device for the transmission and receptionof audio, image, or text but does not include broadcast transmissions or similar communicationsthat are not targeted at any specific individual.
(c) "Electronic communication device" includes telephone, facsimile, electronic mail, orpager.
(d) "Minor" means a person who is younger than 18 years of age.
(2) A person is guilty of electronic communication harassment and subject to prosecutionin the jurisdiction where the communication originated or was received if with intent to annoy,alarm, intimidate, offend, abuse, threaten, harass, frighten, or disrupt the electroniccommunications of another, the person:
(a) (i) makes repeated contact by means of electronic communications, whether or not aconversation ensues; or
(ii) after the recipient has requested or informed the person not to contact the recipient,and the person repeatedly or continuously:
(A) contacts the electronic communication device of the recipient; or
(B) causes an electronic communication device of the recipient to ring or to receive othernotification of attempted contact by means of electronic communication;
(b) makes contact by means of electronic communication and insults, taunts, orchallenges the recipient of the communication or any person at the receiving location in a mannerlikely 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; or
(d) causes disruption, jamming, or overload of an electronic communication systemthrough excessive message traffic or other means utilizing an electronic communication device.
(3) (a) (i) Electronic communication harassment committed against an adult is a class Bmisdemeanor, except under Subsection (3)(a)(ii).
(ii) A second or subsequent offense under Subsection (3)(a)(i) is a:
(A) class A misdemeanor if all prior violations of this section were committed againstadults; and
(B) a third degree felony if any prior violation of this section was committed against aminor.
(b) (i) Electronic communication harassment committed against a minor is a class Amisdemeanor, except under Subsection (3)(b)(ii).
(ii) A second or subsequent offense under Subsection (3)(b)(i) is a third degree felony,regardless of whether any prior violation of this section was committed against a minor or anadult.
(4) (a) Except under Subsection (4)(b), criminal prosecution under this section does notaffect an individual's right to bring a civil action for damages suffered as a result of thecommission of any of the offenses under this section.
(b) This section does not create any civil cause of action based on electroniccommunications made for legitimate business purposes.
Amended by Chapter 326, 2009 General Session
