SB486: Prisoners; harassment by use of computer, penalty.


SENATE BILL NO. 486
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice)
on February 1, 2012)
(Patron Prior to Substitute--Senator Newman)
A BILL to amend and reenact § 18.2-152.7:1 of the Code of Virginia, relating to harassment by computer; prisoners; penalty.

Be it enacted by the General Assembly of Virginia:

1.  That § 18.2-152.7:1 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-152.7:1. Harassment by computer; penalty.

A. If any person, with the intent to coerce, intimidate, or harass any person, shall use a computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act, he shall be guilty of a Class 1 misdemeanor.

B. If a prisoner incarcerated in a state correctional facility as defined in § 53.1-1, or any person acting at the direction of the prisoner, uses or causes to be used a computer or a computer network, as those terms are defined in § 18.2-152.2, to threaten or intimidate a person who was a victim of a criminal offense committed by the prisoner, he is guilty of a Class 1 misdemeanor. For purposes of this subsection, the term "victim" has the same meaning as defined in § 19.2-11.01.

SENATE BILL NO. 486
Offered January 11, 2012
Prefiled January 11, 2012
A BILL to amend and reenact § 18.2-152.7:1 of the Code of Virginia, relating to harassment by computer by prisoners; penalty.
Patron-- Newman

Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1.  That § 18.2-152.7:1 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-152.7:1. Harassment by computer; penalty.

A. If any person, with the intent to coerce, intimidate, or harass any person, shall use a computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act, he shall be guilty of a Class 1 misdemeanor.

B. If an individual incarcerated in a state correctional facility as defined in § 53.1-1 or a person acting on behalf of an individual incarcerated in a state correctional facility utilizes a computer, computer network, or social networking site to harass, intimidate, or threaten a victim as defined in § 19.2-11.01, he is guilty of a Class 1 misdemeanor.