HB 2129, sponsored by Rep. Drew Stokesbary (R–Auburn), passed the House unanimously. The bill addresses cyber harassment and stalking, and proposes the following changes:

• Renames the crime of cyberstalking to cyber harassment
  • Removes intent to embarrass as an element of intent to commit the crime
  • Narrows third party cyber harassment to communications that threaten injury to the person or property, or to family or household members of the person. It is an affirmative defense if an electronic communication made to a third party was not intended to be disseminated
  • Adds an element to non-third-party cyber harassment that the defendant know or should know that the person did not want to receive the communication
  • Expands felony cyber harassment to include actions that violate any protection order
• Adds electronic surveillance to the crime of stalking
  • Adds “unlawfully surveil” to the element of intent to commit the crime
  • Expands felony stalking to include circumstances in which the stalker threatened to kill the victim or another person
  • Adds definition of “electronic communication” and “electronic surveillance”

Dates to remember

HB 2129 is scheduled to be heard in the Senate Law & Justice Committee on Tuesday, March 26, at 10 am. The bill is also scheduled for a committee vote on Thursday, March 27 at 10 am.