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SB 818 - This act modifies various provisions relating to stalking and harassment, including creating the crime of cyber harassment and cyber stalking. SECTION 565.090 Currently, the crime of harassment is a Class A misdemeanor. Under this act the crime of harassment is a Class D felony if it is committed by an adult against a child. SECTION 565.091 This act creates the crime of cyber harassment. This crime is a Class A misdemeanor unless it is committed by an adult against a child, in which case, it is a Class D felony. A person commits such crime when he or she, for the purpose of frightening or disturbing another person, transmits or causes transmission of an electronic communication or permits an electronic communication to be transmitted from his or her electronic communications device if he or she: 1) uses coarse language offensive to the average person; 2) does so anonymously or repeatedly; or 3) threatens to commit a felony. No person shall make or cause an electronic communication to frighten or disturb another person in the manner described either by his or her own direct actions or through the actions of a third party, which are instigated or prompted by the person's communication. Any offense committed under this section may be deemed to have been committed either at the place from which the communication was made or at the place where the communication was received. SECTION 565.225 This act modifies the definition of the term "harass" within the crime of stalking. As a result, a person can be harassed through a direct or indirect course of conduct. Currently, the crime of stalking is a Class A misdemeanor unless it is a second offense committed within a five year period, in which case, it is a Class D felony. Under this act, the crime of stalking is a Class D felony for a first offense if it is committed by an adult against a child. A second offense committed by an adult against a child is a Class C felony. SUSAN HENDERSON MOORE
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