Let's talk about Virginia law on electronic threats, harassment, and related misconduct â what is prohibited, what the elements are, and what penalties apply. Let's get to it!
-- Harassment by Computer â § 18.2-152.7:1.
This law criminalizes the use of a computer or computer network to harass, intimidate, or coerce someone.
-- Threats in Writing/Electronic Communication â § 18.2-60.
If someone âknowingly communicatesâ a written threat (including via electronic means, like email, text, etc.) to kill or do bodily injury to a person or to that personâs family, and that threat causes the victim to have a âreasonable apprehensionâ of such harm, this may be a Class 6 felony. (1 year to 5 years imprisonment, $2500 fine).
-- Stalking / Technology-Facilitated Stalking â § 18.2-60.3.
This covers repeated acts (on more than one occasion) done in person or through other means (mail, telephone, electronically transmitted communication) that put another person in reasonable fear of death, criminal sexual assault, or bodily injury. This can be prosecuted as either a Class 1 misdemeanor or a Class 6 felony depending on severity and prior history.
-- Use of Profane, Threatening or Indecent Language Over Electronic Means â § 18.2-427.
Any threatening language (or suggestion of an illegal or immoral act) made with intent to coerce, intimidate or harass, over telephone or via electronically transmitted communication (cell phone, other wireless device) is a Class 1 misdemeanor. 12 months jail, $2500 fine.
-- § 18.2-429: Causing a telephone, pager, or device to ring or signal with intent to annoy.
There are also laws concerning identity theft, privacy invasion, false representation, etc., that can interact with harassment or threats when electronic means are used.
:: More about Penalties ::
Harassment by Computer (Class 1 misdemeanor): Up to 1 year in jail, fine (which can be up to around $2,500), or both.
Written threats via electronic communication (Class 6 felony): Potentially more serious prison time (up to 5 years) depending on the threat and circumstances.
Use of profane/threatening language over telephone/cell phone (Class 1 misdemeanor). Similar to harassment by computer.
Stalking (depending on version/number of times, etc.): If elevated to felony, more severe. Continuous phone calls are categorized as online stalking.
Free Speech Considerations & Limits -
Not all unpleasant, offensive, or rude electronic communications are illegal. The law tends to draw a distinction between:
Speech that is harassing or vulgar vs. speech that actually threatens or produces a âreasonable apprehensionâ of harm.
Whether the content is obscene (a narrower category) when it comes to obscene/vulgar/profane language. Courts have sometimes required that what is called âobscenityâ under these statutes meet legal definitions (which are strict, given First Amendment constraints).
A âthreatâ is criminal, if it causes fear in the recipient under a reasonable person standard.
CIVILLY? We'll talk about that tomorrow.
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