ARTICLE XXII. - OFFENSES REGARDING ELECTRONIC COMMUNICATION AND TELEPHONE ABUSE
Part of the Code of Ordinances of Minersville, UT.
The text
Footnotes:
--- (10) --- State Law reference— Electronic communication and telephone abuse, U.C.A. 1953, § 76-9-201 et seq.
Sec. 14-708. - Electronic communication harassment.#
(a)
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Adult means an individual 18 years of age or older.
Electronic communication means a communication by electronic, electro-mechanical, or electro-optical communication device for the transmission and reception of audio, image, or text but does not include broadcast transmissions or similar communications that are not targeted at a specific individual.
Electronic communication device includes a telephone, a facsimile machine, electronic mail, a pager, a computer, or another device or medium that can be used to communicate electronically.
Minor means an individual who is younger than 18 years of age.
Personal identifying information means the same as that term is defined in U.C.A. 1953, § 76-6-1102.
(b)
Except to the extent the person's conduct constitutes an offense under U.C.A. 1953, § 76-9-203, a person is guilty of electronic communication harassment and subject to prosecution in the jurisdiction where the communication originated or was received if with intent to intimidate, abuse, threaten, harass, frighten, or disrupt the electronic communications of another, the person:
(1)
Makes repeated contact by means of electronic communications, regardless of whether a conversation ensues; or after the recipient has requested or informed the person not to contact the recipient, and the person repeatedly or continuously:
a.
Contacts the electronic communication device of the recipient; or
b.
Causes an electronic communication device of the recipient to ring or to receive other notification of attempted contact by means of electronic communication;
(2)
Makes contact by means of electronic communication and insults, taunts, or challenges the recipient of the communication or any person at the receiving location in a manner likely to provoke a violent or disorderly response;
(3)
Makes contact by means of electronic communication and threatens to inflict injury, physical harm, or damage to any person or the property of any person; or
(4)
Causes disruption, jamming, or overload of an electronic communication system through excessive message traffic or other means utilizing an electronic communication device.
(c)
A person is guilty of electronic communication harassment if the person:
(1)
Electronically publishes, posts, or otherwise discloses personal identifying information of another individual in a public online site or forum with the intent to abuse, threaten, or disrupt the other individual's electronic communication and without the other individual's permission; or
(2)
Sends a communication by electronic mail, instant message, or other similar means, if:
a.
The communication references personal identifying information of another individual;
b.
The person sends the communication:
1.
Without the individual's consent; and
2.
With the intent to cause a recipient of the communication to reasonably believe that the individual authorized or sent the communication;
c.
With the intent to:
1.
Cause an individual physical, emotional, or economic injury or damage; or
2.
Defraud an individual.
(d)
Electronic communication harassment is a Class B misdemeanor.
(e)
A second or subsequent offense of electronic communication harassment is a Class A misdemeanor.
(f)
Except as provided under subsection (g) of this section, criminal prosecution under this section does not affect an individual's right to bring a civil action for damages suffered as a result of the commission of an offense under this section.
(g)
This section does not create a civil cause of action based on electronic communications made for legitimate business purposes.
(Code 1981, § 13-921)
State Law reference— Similar provisions, U.C.A. 1953, § 76-9-201.
Sec. 14-709. - Emergency telephone abuse.#
(a)
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Emergency means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential to the preservation of human life or property.
Party line means a subscriber's line or telephone circuit: that consists of two or more connected main telephone stations; and where each telephone station has a distinctive ring or telephone number.
(b)
An actor is guilty of emergency reporting abuse if the actor:
(1)
Intentionally refuses to yield or surrender the use of a party line or a public pay telephone to another individual upon being informed that the telephone is needed to report a fire or summon police, medical, or other aid in case of emergency, unless the telephone is likewise being used for an emergency call;
(2)
Asks for or requests the use of a party line or a public pay telephone on the pretext that an emergency exists, knowing that no emergency exists;
(3)
Reports an emergency or causes an emergency to be reported to any public, private, or volunteer entity whose purpose is to respond to fire, police, or medical emergencies, when the actor knows the reported emergency does not exist; or
(4)
Makes a false report, or intentionally aids, abets, or causes a third party to make a false report, to an emergency response service, including a law enforcement dispatcher or a 911 emergency response service, if the false report claims that:
a.
An ongoing emergency exists;
b.
The emergency described in subsection (b)(4)a of this section currently involves, or involves an imminent threat of, serious bodily injury, serious physical injury, or death; and
c.
The emergency described in subsection (b)(4)a of this section is occurring at a specified location.
(c)
A violation of subsections (b)(1) and (2) of this section is a Class C misdemeanor.
(d)
A violation of subsection (b)(3) of this section is a Class B misdemeanor, except as provided under U.C.A. 1953, § 76-9-202(3)(c).
(Code 1981, § 13-922)
State Law reference— Similar provisions, U.C.A. 1953, § 76-9-202(1)—(3)(b).