BULLET St. Louis City Revised Code Chapter 15.165 Division IX Cyber Harassment

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Chapter 15.165
Cyber Harassment


15.165.010 Definitions.
15.165.020 The offense of cyber harassment.
15.165.030 Penalty for violation.

15.165.010 Definitions.

For the purpose of this chapter the following words or phrases shall have the meaning given herein.

A. "Course of conduct" means a pattern of conduct composed of a series of acts, which may include electronic or other communications, over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct."

B. "Electronic communication" means the origination, emission, dissemination, transmission, or reception of data, writings, images, signals, sounds, or other intelligence or equivalence of intelligence of any nature over any communications system by any method, including, but not limited to, a fiber optic, radio, electronic, magnetic, optical, digital, analog method, electronic mail, internet-based communications, pager service or electronic text messaging.

C. "Electronic communications device" means any instrument, equipment, machine, or other device that facilitates telecommunication, including, but not limited to, a computer, computer chip, computer circuit, scanner, telephone, cellular telephone, pager, personal communications device, transponder, receiver, radio, or device that enables the use of a modem.

D. "Family or household member" means spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants.

E. "Harass" means to engage in a course of conduct that serves no legitimate purpose and would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress, or, when the course of conduct consists of contact by a person over age eighteen with a person under the age of eighteen that would cause a reasonable parent to fear for the well-being of their minor child who is the target of the contact.
(Ord. 67800 1, 2007.)

15.165.020 The offense of cyber harassment.

A. A person commits the offense of cyber harassment if he or she, with intent to harass, initiates the transmission of an electronic communication, or with knowledge of a person's intent to harass, knowingly permits an electronic communication to be transmitted from an electronic communication device under the person's control to such other person or a third party.

B. No person shall make or cause to be made an electronic communication, or permit an electronic communication to be made from an electronic communications device under the person's control, with the intent to harass either by the direct action of the person initiating the communication or through the actions of a third party, which third party actions are instigated, initiated, prompted or brought about by the person's communication.

C. Any offense committed under this section may be deemed to have been committed either at the place from which the communication was made or at the place where the communication was received.
(Ord. 67800 2, 2007.)

15.165.030 Penalty for violation.

Any person who violates the provisions of this chapter shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or a term of imprisonment not more than ninety (90) days or both a fine and term of imprisonment.
(Ord. 67800 3, 2007.)

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