Cyberstalking and Cyberharassment (H 7456, S 2634)

As part of a package of legislation aimed at expanding the state’s computer crimes laws, the General Assembly considered legislation overhauling the state’s prohibition on cyberstalking and cyberharassment. Under current law, an individual may be penalized for cyberstalking and cyberharassment if they have committed a series of acts online specifically to harass an individual or their family. In March, the ACLU testified before the Senate Judiciary committee that under this new legislation, one single act online that is then used by others to justify harassment would be criminal, whether or not the individual was even aware of 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. The ACLU reiterated these concerns to the House Judiciary committee in April. Neither bill was voted on in committee, and the legislation died.