Utah § 76-12-202 Electronic communication harassment.

Utah Statutes

§ 76-12-202 — Electronic communication harassment.

Utah·Title 76 Utah Criminal Code·Ch. 76-12 Offenses Related to Privacy, Information, and Communication·Part 76-12-2 Electronic Communication Abuse

(1)Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-201 apply to this section.

(2)Except to the extent an actor's conduct constitutes an offense under Section 76-12-206, an actor commits electronic communication harassment if, with intent to intimidate, abuse, threaten, harass, frighten, or disrupt the electronic communications of another, the actor:

(2)(a) (2)(a)(i) makes repeated contact by means of electronic communications, regardless of whether a conversation ensues; or

(2)(a)(ii) after the recipient has requested or informed the actor not to contact the recipient, and the actor repeatedly or continuously:

(2)(a)(ii)(A) contacts the electronic communication device of the recipient; or

(2)(a)(ii)(B) causes an electronic communication device of the recipient to ring or to re

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(1) Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-201 apply to this section.
(2) Except to the extent an actor's conduct constitutes an offense under Section 76-12-206, an actor commits electronic communication harassment if, with intent to intimidate, abuse, threaten, harass, frighten, or disrupt the electronic communications of another, the actor:
(2)(a) (2)(a)(i) makes repeated contact by means of electronic communications, regardless of whether a conversation ensues; or
(2)(a)(ii) after the recipient has requested or informed the actor not to contact the recipient, and the actor repeatedly or continuously:
(2)(a)(ii)(A) contacts the electronic communication device of the recipient; or
(2)(a)(ii)(B) causes an electronic communication device of the recipient to ring or to receive other notification of attempted contact by means of electronic communication;
(2)(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;
(2)(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
(2)(d) causes disruption, jamming, or overload of an electronic communication system through excessive message traffic or other means utilizing an electronic communication device.
(3) (3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.
(3)(b) A second or subsequent violation of Subsection (2) is a class A misdemeanor.
(4) (4)(a) Except as provided in Subsection (4)(b), a criminal prosecution under this section does not affect an individual's right to bring a civil action for damages suffered as a result of the commission of an offense under this section.
(4)(b) This section does not create a civil cause of action based on electronic communications made for a legitimate business purpose.
(5) A violation of this section is subject to prosecution in the jurisdiction in which the electronic communication originated or was received.

Utah § 76-12-202 (Electronic communication harassment.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.