Recently proposed cyberstalking legislation

Jurisdiction

Statutory Language
Delaware

HB 92

The bill provides that "any person who intentionally, engages in a course of conduct by computer electronic mail, computer Internet or Internet services, or computer bulletin board services or any other telephone communications directed at a specific person or group of persons which would cause a reasonable person to fear physical injury to himself, herself or a member of the group of persons, to a friend or associate, or to a member of his or her household or to a third person and whose conduct induces such fear in such person is guilty of the crime of cyberstalking." The bill was introduced Jan. 25, 2001, and referred to the House Committee on Telecommunications and Electric Utility Deregulation. (Source: State Net).

 
Florida

SB 960

The bill defines "cyberstalk" to mean "communication by means of electronic mail or electronic communication which causes substantial emotional distress and does not serve a legitimate purpose. It also includes with the offenses of stalking and aggravated stalking the willful, malicious, and repeated cyberstalking of another person." The bill was introduced on March 7, 2001, to the Senate Committee on Criminal Justice. On the same day it was subsequently sent to the Senate Committee on Judiciary. (Source: State Net).

Illinois

HB 728

Amends the criminal code to create the offense of cyberstalking. The bill provides that "it is unlawful to knowingly and without legal justification, on at least two separate occasions, harass another person through the use of electronic communication and transmit a threat of immediate or future bodily harm, sexual assault, confinement, or restraint." The bill was introduced on Feb. 7, 2001. On March 5, 2001, a fiscal note and a correctional note were filed. (Source: State Net).

Louisiana

SB 345

The bill creates the offense of cyberstalking and defines it as "the intentional harassing or threatening of another through the use of electronic mail or electronic communication." The bill was introduced on March 26, 2001, and immediately sent to the Senate Committee on Judiciary. On April 10, 2001, the committee reported an amendment and on April 12, 2001, the amendment was adopted. (Source: State Net).

Maine

HB 594

Amends the crime of stalking to include "communicating by electronic means with a person with the intent to harass, annoy or alarm that person." The bill was introduced Feb.13, 2001. On Feb. 15, 2001, a Senate concurrence with the House reference was noted. (Source: State Net).


Mississippi

HB 564

Creates the tort of stalking including "the use of electronic communication devices; prohibits making threats with electronic communication devices; provides for penalties for violations." The bill was introduced Jan. 8, 2001, and sent to the House Committee on Judiciary. The bill subsequently died in committee on Jan. 30, 2001. It has not been reintroduced. (Source: State Net)

New York

AB 4270

Creates the crime of cyberstalking in the 1st degree and makes it a class E felony. The bill was introduced on Feb. 8, 2001, and was immediately referred to the Assembly Committee on Codes. (Source: State Net).

New York

SB 223

Creates the crime of cyberstalking in the 1st degree. The bill was introduced on Jan. 3, 2001, and immediately sent to the Senate Committee on Codes. The bill remains in the Codes Committee. (Source: State Net; The Hon. Michael F. Nozzolio)

Rhode Island

SB 813

This act would define the crime of cyberstalking and provide penalties for conviction for that crime. The bill was introduced Feb. 28, 2001, and assigned to the Senate Committee on Judiciary the same day. (Source: State Net).

Rhode Island

HB 5433

The bill prohibits the offense of cyberstlking providing that "Any person, who through the use of an electronic communications device or telecommunications device including, but not limited to, computers, electronic mail, internet, cellular telephones, pagers or facsimile machines, harasses another person with the intent to place that person in reasonable fear of bodily injury or which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress is guilty of the crime of cyberstalking." This bill was introduced Feb. 6, 2001, and immediately referred to the Committee on Judiciary. (Source: http://www.rilin.state.ri.us/BillText01/HouseText01/H5433.htm)

Rhode Island

HB 5466

The bill prohibits the offense of cyberstalking providing that "Whoever transmit any communication by computer to any person repeatedly or causes any person to be contacted repeatedly for the sole purpose of harassing, annoying, or molesting that person or his or her family; or whoever transmits any communication by computer to any person for the purpose of using any threatening, vulgar, indecent, obscene language, is guilty of cyberstalking." This bill was introduced Feb. 6, 2001, and immediately referred to the Committee on Corporations. (Source: http://www.rilin.state.ri.us/BillText/BillText01/HouseText01/H5466.htm)

South Carolina

SB 429

The bill provides that "it is unlawful for a person to engage in cyberstalking or to unlawfully harass or stalk another person by electronic communication or electronic mail." On March 8, 2001, the bill was introduced and immediately referred to the Senate Committee on Judiciary. (Source: State Net).

Illinois

HB 728

Amends the criminal code to create the offense of cyberstalking. The bill provides that "it is unlawful to knowingly and without legal justification, on at least two separate occasions, harass another person through the use of electronic communication and transmit a threat of immediate or future bodily harm, sexual assault, confinement, or restraint." The bill was introduced on Feb. 7, 2001. On March 5, 2001, a fiscal note and a correctional note were filed. (Source: State Net).

New Jersey

AB 2767

Revises Computer Crime Law and enhances law enforcement's ability to fight computer related crime such as cyberstalking. The bill was introduced on Sept. 25, 2000, and immediately referred to the Assembly Committee on Telecommunications and Utilities. The bill remains in committee. (Source: State Net; The Hon. Francis J. Blee)

New Jersey

SB 1616

Criminalizes use of Internet and other electronic communication devices to commit harassment stalking. The bill was introduced Sept. 21, 2000, and immediately referred to the Senate Committee on Women's Issues, Children and Family Services. The bill remains in committee. (Source: State Net; The Hon. Norman M. Robertson)

New York

AB 9663

Creates the crime of cyberstalking in the 1st degree. The bill was introduced on Feb. 28, 2000, and sent to the Assembly Committee on Codes the same day. The bill died in committee and has not been reintroduced. (Source: State Net; The Hon. Michael Spano)

Rhode Island

SB 2689 and HB 7680

The bill provides that "Any person, who through the use of an electronic communications device … harasses another person with the intent to place that person in reasonable fear of bodily injury or which seriously alarms or annoys that person and would cause a reasonable person to suffer emotional distress is guilty of the crime of cyberstalking." This bill was introduced Feb. 10, 2000, and referred to the Committee on Judiciary. The bill subsequently died in committee, but was reintroduced as HB5433 on Feb. 6, 2001. (Source: http://www.rilin.state.ri.us/BillText00/Senate00/S2689.htm)

Delaware

HB 93

Creates the offense of cyberstalking and establishes its penalty as class F or D felony. The bill was introduced March 10, 1999. On May 11, 1999, the bill was sent to the Senate Committee on Judiciary. The bill died in committee and has not been reintroduced. (Source: State Net; The Hon. Nancy H. Wagner)

New York

SB 6074

Establishes the Class E felony of aggravated harassment "for the communication by means of a computer system of information purporting to solicit sex with a child under 14 years of age or a sexual performance by such a child, when such communication is done by a person over 18 years of age with intent to harass, annoy, threaten or alarm another person." The bill was introduced on July 19, 1999. After passing the Senate, the bill was referred to the Assembly Committee on codes on May 22, 2000. The bill subsequently died in committee and has not been reintroduced. (Source: State Net, The Hon. Stephen M. Saland)