MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Technology; Judiciary B
By: Representative Horan
AN ACT TO AMEND SECTION 97-45-15, MISSISSIPPI CODE OF 1972, TO CLARIFY THE CRIME OF CYBERSTALKING; TO REVISE THE PENALTIES FOR CYBERSTALKING; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-45-15, Mississippi Code of 1972, is amended as follows:
97-45-15. (1) It is unlawful for a person to:
(a) Use in electronic mail or electronic communication any words or language threatening to inflict bodily harm to any person or to that person's child, sibling, spouse or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person.
(b) Electronically
mail or electronically communicate to another repeatedly, whether or not
conversation ensues, for the purpose of threatening * * * or terrifying * * * any person.
(c) Electronically
mail or electronically communicate to another and to knowingly make any false
statement concerning death, injury, illness, disfigurement, indecent conduct,
or criminal conduct of the person electronically mailed or of any member of the
person's family or household with the intent to threaten * * * or terrify * * *.
(d) Knowingly permit an electronic communication device under the person's control to be used for any purpose prohibited by this section. Knowledge shall mean "actual knowledge" that the electronic communication was sent for the purpose of threatening or terrifying another person.
(2) Whoever commits the offense of cyberstalking shall be punished, upon conviction:
(a) Except as provided * * * in paragraph (b), upon conviction of
any person for the first offense of violating subsection (1) of this section,
the person * * *
shall be guilty of a felony punishable by imprisonment for not more than
two (2) years or a fine of not more than Five Thousand Dollars ($5,000.00), or
both.
(b) * * * Any person
who violates the subsection (1) of this section and commits one (1) of the
following offenses, shall * * * be guilty of a felony
punishable by imprisonment for not more than five (5) years or a fine of not
more than Ten Thousand Dollars ($10,000.00), or both:
(i) The offense is in violation of a restraining order and the person has received actual notice of that restraining order or posting the message is in violation of an injunction or preliminary injunction.
(ii) The offense is in violation of a condition of probation, a condition of parole, a condition of pretrial release or a condition of release on bond pending appeal.
(iii) The offense
results in a * * *
threat being communicated to the victim, a member of the victim's family, or
another individual living in the same household as the victim.
(iv) The person has been previously convicted of violating this section or a substantially similar law of another state, a political subdivision of another state, or of the United States.
(3) This section does not apply to any peaceable, nonviolent, or nonthreatening activity intended to express political views or to provide lawful information to others. This section shall not be construed to impair any constitutionally protected activity, including speech, protest or assembly.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.