76-12-202. Electronic communication harassment.

343 words·~2 min read·/ut/title-76/chapter-12/76-12-202

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)Terms defined in Sections 76-1-101.5 , 76-12-101 , and 76-12-201 apply to this section.

(2)Except to the extent an actor's conduct constitutes an offense under Section 76-12-206 , an actor commits electronic communication harassment if, with intent to intimidate, abuse, threaten, harass, frighten, or disrupt the electronic communications of another, the actor:

(i)makes repeated contact by means of electronic communications, regardless of whether a conversation ensues; or

(ii)after the recipient has requested or informed the actor not to contact the recipient, and the actor 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;

(b)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;

(c)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

(d)causes disruption, jamming, or overload of an electronic communication system through excessive message traffic or other means utilizing an electronic communication device.

(a)Except as provided in Subsection (3)(b), a violation of Subsection

(2)is a class B misdemeanor.

(b)A second or subsequent violation of Subsection

(2)is a class A misdemeanor.

(a)Except as provided in Subsection (4)(b), a 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.

(b)This section does not create a civil cause of action based on electronic communications made for a legitimate business purpose.

(5)A violation of this section is subject to prosecution in the jurisdiction in which the electronic communication originated or was received.

Renumbered and Amended by Chapter 173 , 2025 General Session