Cyberstalking and Cyberharassment (H 5467, S 0565)

As part of a package of computer crimes legislation, the General Assembly considered legislation overhauling the state’s prohibition on cyberstalking and cyberharrassment. Under current law, an individual may be penalized for cyberstalking and cyberharrassment only if they have committed a series of acts online specifically intended to harass and individual or their family. In February and March, the ACLU testified before the House and Senate Judiciary committees that under this legislation, one single act online that is then used by others to justify would be criminal, holding individuals accountable for the actions of others even if they meant no harm with their original post or were unaware of the harassment that subsequently took place. As such, the legislation raised serious First Amendment concerns and would likely have a chilling effect on any communication via the Internet. Similar legislation has been introduced, but never passed, for the last several years; the legislation was not voted on this year either.