Chapter 120

2008 -- S 2021 AS AMENDED

Enacted 07/01/08

A N A C T

RELATING TO CRIMINAL OFFENSES -- COMPUTER CRIME

Introduced By: Senators Tassoni, McBurney, Doyle, and Felag

Date Introduced: January 02, 2008  

It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-52-4.2 of the General Laws in Chapter 11-52 entitled "Computer

Crime" is hereby amended to read as follows:

11-52-4.2. Cyberstalking prohibited Cyberstalking and cyberharassment prohibited.

-- (a) Whoever transmits any communication by computer or other electronic device to any

person or causes any person to be contacted for the sole purpose of harassing that person or his or

her family is guilty of a misdemeanor, and shall be punished by a fine of not more than five

hundred dollars ($500), by imprisonment for not more than one year, or both. For the purpose of

this section, "harasses" "harassing" means following a any knowing and willful course of conduct

directed at a specific person which seriously alarms, annoys, or bothers the person, and which

serves no legitimate purpose. The course of conduct must be of a kind that would cause a

reasonable person to suffer substantial emotional distress, or be in fear of bodily injury. “Course

of conduct" means a pattern of conduct composed of a series of acts over a period of time,

evidencing a continuity of purpose. Constitutionally protected activity is not included within the

meaning of “course of conduct.”

      (b) A second or subsequent conviction under subsection (a) of this section shall be

deemed a felony punishable by imprisonment for not more than two (2) years, by a fine of not

more than six thousand dollars ($6,000), or both.

     SECTION 2. This act shall take effect upon passage.

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