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Recently proposed cyberstalking legislation
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Jurisdiction
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Statutory
Language
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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).

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| 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).

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| 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).

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| 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).
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| 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).

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| 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)

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| 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).

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| 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)

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| 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).

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| 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)
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| 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)

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| 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).

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| 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).

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| 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)

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| 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)

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| 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)

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| 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)
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| 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)

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| 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)

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