CyberStalking & CyberHarassment

CYBERSTALKING AND CYBERHARASSMENT

http://www.ncsl.org/research/telecommunications-and-information-technology/cyberstalking-and-cyberharassment-laws.aspx

Jan. 12, 2015

States have enacted "cyberstalking" or "cyberharassment" laws or have laws that explicitly include electronic forms of communication within more traditional stalking or harassment laws. This chart identifies state laws that include specific references to electronic communication. However, other state laws may still apply to those who harass, threaten or bully others online, although specific language may make the laws easier to enforce. This chart classifies the various state laws addressing these types of online behaviors, as described below.

(This chart does not cover cyberbullying laws. Cyberbullying and cyberharassment are sometimes used interchangeably, but cyberbullying generally refers to electronic harassment or bullying among minors within a school context. See the NCSL Education Program's cyberbullying page for more information on cyberbullyings laws and legislation.)

Overview

Cyberstalking. Cyberstalking is the use of the Internet, email or other electronic communications to stalk, and generally refers to a pattern of threatening or malicious behaviors. Cyberstalking may be considered the most dangerous of the three types of Internet harassment, based on a posing credible threat of harm. Sanctions range from misdemeanors to felonies.

Cyberharassment. Cyberharassment differs from cyberstalking in that it may generally be defined as not involving a credible threat. Cyberharassment usually pertains to threatening or harassing email messages, instant messages, or to blog entries or websites dedicated solely to tormenting an individual. Some states approach cyberharrassment by including language addressing electronic communications in general harassment statutes, while others have created stand-alone cyberharassment statutes.

http://www.leg.state.nv.us/nrs/NRS-200.html#NRS200Sec575

NRS 200.575 Stalking: Definitions; penalties.

1. A person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member, commits the crime of stalking. Except where the provisions of subsection 2 or 3 are applicable, a person who commits the crime of stalking:

(a) For the first offense, is guilty of a misdemeanor.

(b) For any subsequent offense, is guilty of a gross misdemeanor.

2. A person who commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause the person to be placed in reasonable fear of death or substantial bodily harm commits the crime of aggravated stalking. A person who commits the crime of aggravated stalking shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.

3. A person who commits the crime of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony as provided in NRS 193.130.

4. Except as otherwise provided in subsection 2 of NRS 200.571, a criminal penalty provided for in this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.

5. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.

6. As used in this section:

(a) “Course of conduct” means a pattern of conduct which consists of a series of acts over time that evidences a continuity of purpose directed at a specific person.

(b) “Family or household member” means a spouse, a former spouse, a parent or other person who is related by blood or marriage or is or was actually residing with the person.

(d) “Network” has the meaning ascribed to it in NRS 205.4745.

(e) “Provider of Internet service” has the meaning ascribed to it in NRS 205.4758.

(f) “Text messaging” means a communication in the form of electronic text or one or more electronic images sent from a telephone or computer to another person’s telephone or computer by addressing the communication to the recipient’s telephone number.

(g) “Without lawful authority” includes acts which are initiated or continued without the victim’s consent. The term does not include acts which are otherwise protected or authorized by constitutional or statutory law, regulation or order of a court of competent jurisdiction, including, but not limited to:

(1) Picketing which occurs during a strike, work stoppage or any other labor dispute.

(2) The activities of a reporter, photographer, camera operator or other person while gathering information for communication to the public if that person is employed or engaged by or has contracted with a newspaper, periodical, press association or radio or television station and is acting solely within that professional capacity.

(3) The activities of a person that are carried out in the normal course of his or her lawful employment.

(4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.

(Added to NRS by 1993, 509; A 1995, 59, 1195, 1324; 1999, 1377; 2001, 665, 2785, 2800; 2003, 198; 2009, 3006)

NRS 200.581 Where offense committed. Harassment, stalking or aggravated stalking shall be deemed to have been committed where the conduct occurred or where the person who was affected by the conduct was located at the time that the conduct occurred.

(Added to NRS by 1989, 897; A 1993, 510; 1995, 60; 2001, 666)

UNAUTHORIZED USE OF COMPUTER OR COMPUTER NETWORK

It is a crime to use a computer or computer network without authority and with the intent to:

1. temporarily or permanently remove, halt, or disable computer data, programs, or software;

2. cause a computer to malfunction;

3. alter or erase computer data, programs, or software;

4. create or alter a financial instrument or an electronic funds transfer;

5. cause physical injury to another's property;

6. make or cause to be made an unauthorized copy of computer data, programs, or software residing in, communicated by, or produced by a computer or computer network; or

7. falsify or forge email information or other routing information in any manner in connection with the transmission of unsolicited bulk email through or into the computer network of an electronic mail service provider or its subscribers.

This crime is a class B misdemeanor but if the person causes over $2,500 in property damage it is a (1) class A misdemeanor if the person acted with reckless disregard for the consequences of his or her actions and (2) class D felony if the person acted maliciously (CGS § 53-451).