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2019 SESSION

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19103990D
HOUSE BILL NO. 2106 Offered January 9, 2019 Prefiled January 8, 2019 A BILL to amend and reenact § 18.2-152.7:1 of the Code of Virginia, relating to harassment by computer and electronic means; penalty. ---------- Patrons-- Morefield and Roem ---------- Referred to Committee on Science and Technology ----------

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-152.7:1 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-152.7:1. Harassment by computer and electronic means; penalty.

A. If any person, with the intent to coerce, intimidate, or harass any person, shall use (i) uses a computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make makes any suggestion or proposal of an obscene nature, or threaten threatens any illegal or immoral act; (ii) engages in a continuing course of conduct of communication by electronic means or by using a computer or computer network to make disparaging statements about such person's physical characteristics, sexuality, sexual activity, or mental or physical health or condition; (iii) creates a fake profile of such person on any Internet website or social media platform; (iv) pretends to be another person in any Internet chat room, electronic mail message, or instant electronic message; (v) posts a real or altered image of such person on the Internet; or (vi) accesses, alters, copies, or erases any content of a computer, computer network, or password protected account on any network or social media platform, he shall be is guilty of a Class 1 misdemeanor.

B. However, if any person age 18 or older commits a violation of this section involving a child victim, the penalty upon conviction shall include a mandatory minimum term of confinement of 10 days and a mandatory minimum fine of $250. If any person age 18 or older has previously been convicted of a violation of this section involving a child victim, a second or subsequent conviction of a violation of this section involving a child victim shall include a mandatory minimum term of confinement of 30 days and a mandatory minimum fine of $500.