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2021 SESSION
21100465DBe it enacted by the General Assembly of Virginia:
1. That §§ 18.2-152.7:1 and 18.2-427 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-152.7:1. Harassment by computer; penalty.
If any person, with the intent to coerce, intimidate, or
harass any person, shall use a computer or computer network to communicate
obscene, vulgar, profane, lewd, lascivious, or indecent language, transmit any obscene, vulgar, profane, lewd,
lascivious, or indecent image or video, or
make any suggestion or proposal of an obscene nature, or threaten any illegal or
immoral act, he is guilty of a Class 1 misdemeanor. A violation of this section
may be prosecuted in the jurisdiction in which the communication was made or
received or in the City of Richmond if venue cannot otherwise be established
and the person subjected to the act is one of the following officials or
employees of the Commonwealth and such official or employee was subjected to
the act while engaged in the performance of his public duties or because of his
position with the Commonwealth: the Governor, Governor-elect, Lieutenant
Governor, Lieutenant Governor-elect, Attorney General, or Attorney
General-elect, a member or employee of the General Assembly, a justice of the
Supreme Court of Virginia, or a judge of the Court of Appeals of Virginia.
§ 18.2-427. Use of profane, threatening, or indecent language; transmission of obscene images over public airways or by other methods; penalty.
Any person who, with the intent to coerce,
intimidate, or harass any person, uses obscene, vulgar,
profane, lewd, lascivious, or indecent language, transmits any
obscene, vulgar, profane, lewd, lascivious, or indecent
image or video, or makes any
suggestion or proposal of an obscene nature, or threatens any illegal or
immoral act with the intent to coerce, intimidate, or harass
any person, over any telephone or citizens band radio, in
this Commonwealth, is guilty of a Class 1 misdemeanor.
"Over any telephone" includes, for purposes of this section, any electronically transmitted communication producing a visual or electronic message that is received or transmitted by cellular telephone or other wireless telecommunications device.