The state of Utah has specific laws around electronic communication harassment. While there are many ways to harass someone with electronic communication, the crime most commonly known is cyberstalking. Since cyberstalking can happen anywhere, it’s important to keep in mind that a person who is guilty of the crime can be subject to prosecution in the jurisdiction where the communication originated or was received.

Here are four things you should know about cyberstalking and the potential consequences associated with the crime in Utah.

1. What qualifies as cyberstalking?

According to the Utah code for electronic communication harassment, a person must act with an intention to do one or more of the following: threaten, harass, frighten, intimidate, annoy, offend, abuse, alarm or disrupt the electronic communications of another. The actions in the bullets below are examples of cyberstalking activities. These bullets are summaries of the specific items in the code. You can visit the official code website for the full explanations. 

• Makes repeated contact—even if no conversation happens
• Continuous contact, ringing, or causing notifications after a person has requested no contact
• Insults, taunts, or challenges the recipient of the communication or any person at the receiving location to provoke a violent or disorderly response
• Threatening to inflict injury, physical harm, or damage to any person or the property of any person
• Disrupting, jamming, or overloading an electronic communication system
• Publishing, posting, or otherwise disclosing (without permission) personal identifying information of another individual on a public site with the intent to abuse, threaten, or disrupt
• Sending a communication to defraud someone or with the intent to cause physical, emotional, or economic damage 
  

2. What are the criminal classifications associated with cyberstalking in Utah?

Crimes Against Adults

In Utah, generally the first offense of electronic harassment committed against an adult is a class B misdemeanor. 

For a second offense (as long as the first was not committed against a minor), the crime is upgraded to a class A misdemeanor. 

Crimes Against Minors

If the first offense was committed against a minor, the classification is a class A misdemeanor. 

For a second offense, the crime is upgraded to a third-degree felony. 

3. What are the penalties for cyberstalking in Utah?

As with most crimes, the penalties for cyberstalking are listed according to maximums. A judge will determine the exact penalty based on the circumstances. Below are the basic punishments associated with the classifications of crimes listed in the previous section. 

• Class B misdemeanor in Utah: Imprisonment for a term of no more than six months and a fine of no more than $1,000
  
  
• Class A misdemeanor in Utah: Imprisonment for a term of no more than one year and a fine of no more than $2,500
  
  
• Third-degree felony in Utah: Imprisonment for a term of no more than five years and a fine of no more than $5,000
  

4. Do I need a lawyer to represent my cyberstalking case?

No matter if you have been charged with a misdemeanor or a felony, you deserve to have your rights protected. In most harassment and cyberstalking cases, the intent is crucial for determining guilt. The expert criminal lawyers at Brown, Bradshaw & Moffat can help you fight back against unfounded or vague accusations of your intent. We are prepared to help you determine the best course of action for your case. 

Contact us at (801) 532-5297 if you have questions about cyberstalking or any other electronic communication harassment charges.