Bill > SB673

This bill establishes the crime of cyberstalking, defining "electronically transmitted communication" broadly to include phone calls, computer messages, and even the unauthorized use of location services to track someone. It makes it a Class 1 misdemeanor for someone to engage in cyberstalking on two or more occasions within a 90-day period by sending communications that harass, threaten, or intimidate another person, or that they know or should know would cause that person to reasonably fear death, criminal sexual assault, or bodily injury to themselves or their family or intimate partner. The bill outlines several factors to consider when determining if a fear is reasonable, such as the content and frequency of messages, any history of violence, and whether the victim has asked the person to stop contacting them. A second offense within five years of a prior conviction for cyberstalking or a similar offense will be elevated to a Class 6 felony, which is a more serious crime. Additionally, the bill specifies that violating certain protective orders by assaulting, battering, or stalking a protected person, or by entering their home, will also be a Class 6 felony. Finally, it mandates that victims who request it be notified at least 15 days before a convicted cyberstalker is released from prison or jail, with exceptions for shorter sentences or escapes, and ensures the victim's contact information remains confidential.

Budget and Finance, Justice

https://lis.virginia.gov/bill-details/20261/SB673