|
House Bill 2003 |
House Author: McCall et al. |
|
Effective: 9-1-09 |
Senate Sponsor: Watson |
House Bill 2003 amends the Penal Code to create the third degree felony offense of online harassment for a person who uses the name or persona of another person to create a web page on or to post one or more messages on a commercial social networking site without obtaining the other person's consent with the intent to harm, defraud, intimidate, or threaten any person. The bill creates the Class A misdemeanor offense of online harassment for a person who sends an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or other item of identifying information belonging to any person without obtaining the other person's consent, with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication, and with the intent to harm or defraud any person. If the actor commits the Class A misdemeanor offense with the intent to solicit a response by emergency personnel, the penalty is enhanced to a third degree felony. The bill establishes a defense to prosecution for an online harassment offense.