intimidate, or harass a peace officer, public official, medical provider, or crime victim. A. Whoever, with the intent to threaten, intimidate or harass, or facilitate another to threaten, intimidate or harass, uses an electronic communication device to knowingly publish, post or otherwise make publicly available personally identifiable information of a peace officer, public official, election official, medical care provider, or crime victim, and as a result places that peace officer, public official, election official, medical care provider, or crime victim in reasonable fear of death or serious bodily injury shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail for a term not to exceed six (6) months, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such fine and imprisonment. Upon conviction for a second or subsequent violation, the person shall be punished by imprisonment in the county jail for a term not to exceed one (1) year, or by a fine not to exceed Two Thousand Dollars ($2,000.00), or by both such fine and imprisonment. B. To the extent the provisions of Section A apply to medical care providers, the protections provided herein shall not apply when the incident is unrelated to the provider’s professional duties. C. As used in this section: 1. “Crime victim” shall have the same meaning as defined in Section 142A-1 of this title; 2. “Election Official” means a member or employee of the State Election Board or a county election board, the Secretary of the State Election Board or a county election board, or a person serving as a precinct official or absentee voting board member appointed as required by law; 3. “Electronic communication” shall have the same meaning as defined in Section 1172 of this title. Electronic communication does not include broadcast transmissions or similar communications that are not targeted at any specific individual; 4. “Electronic communication device” means any cellular telephone, facsimile, pager, computer, or any device capable of electronic communication; 5. “Medical care provider” means a doctor, resident, intern, nurse, nurse practitioner, nurses’ aide, ambulance attendant or operator, paramedic, emergency medical technician, laboratory technician, radiologic technologist, physical therapist, physician assistant, chaplain of a health care facility, volunteer of a health care facility, pharmacist, nursing student, medical student, member of a hospital security force, and any other employee or contractor working in or for a health care facility; 6. “Peace officer” shall have the same meaning as that term is defined in Section 99 of this title; 7. “Personally identifiable information” means information which can identify an individual including but not limited to name, birth date, place of birth, mother’s maiden name, biometric records, Social Security number, official state- or government-issued driver license or identification number, government passport number, employer or taxpayer identification number or any other information that is linked or linkable to an individual, such as medical, educational, financial or employment information; 8. “Public official” means any person elected or appointed to a state office in the executive, legislative, or judicial branch of state government or other political subdivision of the state; and 9. “Publish” means to circulate, deliver, distribute, disseminate, transmit, or otherwise make available to another person. Added by Laws 2021, c. 105, § 1, eff. Nov. 1, 2021. Amended by Laws 2022, c. 318, § 4, eff. Nov. 1, 2022; Laws 2023, c. 170, § 1, eff. Nov. 1, 2023; Laws 2024, c. 452, § 10, emerg. eff. June 14, 2024.
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