Bill > SB473

This bill creates a new felony offense for using an "electronic communication device" – which includes phones, computers, and gaming devices – to threaten a "crime of violence," defined as any act involving the use or threat of violent force against another person. Specifically, if such a threat causes a serious public alarm or inconvenience, such as inducing panic or significant disruption, or is made with reckless disregard for causing such alarm, the offender can face significant fines and imprisonment. The bill clarifies that to prove a threat, the state must show the defendant knew or should have known their communication would be viewed as a threat and that a reasonable person would perceive it as such. Importantly, it states that it is not a defense if the offender lacked the ability to actually carry out the threatened violence, nor is it a defense if the conduct is also a crime under other laws. Furthermore, individuals charged or convicted under this felony provision will face restrictions on their proximity to the location where the violence was threatened or to the individuals targeted during their period of release.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=473&year=2026&sessiontype=RS&btype=bill