Connecticut 2012 Regular Session

Connecticut Senate Bill SB00456 Compare Versions

Only one version of the bill is available at this time.
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11 General Assembly Raised Bill No. 456
22 February Session, 2012 LCO No. 2607
33 *02607_______JUD*
44 Referred to Committee on Judiciary
55 Introduced by:
66 (JUD)
77
88 General Assembly
99
1010 Raised Bill No. 456
1111
1212 February Session, 2012
1313
1414 LCO No. 2607
1515
1616 *02607_______JUD*
1717
1818 Referred to Committee on Judiciary
1919
2020 Introduced by:
2121
2222 (JUD)
2323
2424 AN ACT CONCERNING HARASSMENT, ELECTRONIC HARASSMENT AND CYBERSTALKING.
2525
2626 Be it enacted by the Senate and House of Representatives in General Assembly convened:
2727
2828 Section 1. Section 53a-183 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
2929
3030 (a) A person is guilty of harassment in the second degree when: (1) By telephone, he addresses another in or uses indecent or obscene language; or (2) with intent to harass, annoy or alarm another person, he communicates with a person by telegraph or mail, by electronically transmitting a facsimile through connection with a telephone network, by computer network, as defined in section 53a-250, or by any other form of written communication, in a manner likely to cause annoyance or alarm; or (3) with intent to harass, annoy or alarm another person, he makes a telephone call, whether or not a conversation ensues, in a manner likely to cause annoyance or alarm.
3131
3232 (b) For the purposes of this section, such offense may be deemed to have been committed either at the place where the [telephone call was made,] communication originated or at the place where it was received.
3333
3434 (c) The court may order any person convicted under this section to be examined by one or more psychiatrists.
3535
3636 (d) Harassment in the second degree is a class C misdemeanor.
3737
3838 Sec. 2. (NEW) (Effective October 1, 2012) (a) A person commits electronic harassment when such person, with intent to harass, annoy or alarm another person, transmits, posts, displays or disseminates, by or through an electronic communication device, radio, computer, Internet web site or similar means, to any person, a communication, image or information, which is based on the actual or perceived traits or characteristics of that person, which:
3939
4040 (1) Places that person in reasonable fear of harm to his or her person or property;
4141
4242 (2) Has a substantial and detrimental effect on that person's physical or mental health;
4343
4444 (3) Has the effect of substantially interfering with that person's academic performance, employment or other community activities or responsibilities;
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4646 (4) Has the effect of substantially interfering with that person's ability to participate in or benefit from any academic, professional or community-based services, activities or privileges; or
4747
4848 (5) Has the effect of causing substantial embarrassment or humiliation to that person within an academic or professional community.
4949
5050 (b) Electronic harassment is a class A misdemeanor.
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5252 Sec. 3. (NEW) (Effective October 1, 2012) (a) A person commits cyberstalking when such person:
5353
5454 (1) Uses in electronic mail or electronic communication any words or language (A) threatening to inflict physical injury upon any person or upon that person's child, sibling, spouse or dependent, or any person living in the same household as that person, (B) threatening to inflict damage upon the property of any person, or (C) for the purpose of extorting money or other things of value from any person;
5555
5656 (2) Electronically mails or electronically communicates to another person repeatedly, whether or not conversation ensues, for the purpose of threatening, terrifying or harassing that person;
5757
5858 (3) Electronically mails or electronically communicates to another person and knowingly makes any false statement concerning death, injury, illness, disfigurement, indecent conduct or criminal conduct of the person to whom the electronic mail or electronic communication is sent or of any member of the person's family or household with the intent to threaten, terrify or harass such person; or
5959
6060 (4) Knowingly permits an electronic communication device under the person's control to be used for any purpose prohibited under this section.
6161
6262 (c) For the purposes of this section, such offense may be deemed to have been committed either at the place where the electronic mail or electronic communication originated or at the place where it was received.
6363
6464 (d) Cyberstalking is a class A misdemeanor.
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6666
6767
6868
6969 This act shall take effect as follows and shall amend the following sections:
7070 Section 1 October 1, 2012 53a-183
7171 Sec. 2 October 1, 2012 New section
7272 Sec. 3 October 1, 2012 New section
7373
7474 This act shall take effect as follows and shall amend the following sections:
7575
7676 Section 1
7777
7878 October 1, 2012
7979
8080 53a-183
8181
8282 Sec. 2
8383
8484 October 1, 2012
8585
8686 New section
8787
8888 Sec. 3
8989
9090 October 1, 2012
9191
9292 New section
9393
9494 Statement of Purpose:
9595
9696 To clarify that harassment in the second degree may be deemed to have been committed at the place where the telephonic or electronic communication originated, and establish the offenses of electronic harassment and cyberstalking.
9797
9898 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]