(1) Terms defined in Sections 76-1-101.5 , 76-12-101 , and 76-12-201 apply to this section. (2) Except to the extent an actor's conduct constitutes an offense under Section 76-12-206 , an actor commits electronic communication harassment if, with intent to intimidate, abuse, threaten, harass, frighten, or disrupt the electronic communications of another, the actor: (a) (i) makes repeated contact by means of electronic communications, regardless of whether a conversation ensues; or (ii) after the recipient has requested or informed the actor not to contact the recipient, and the actor repeatedly or continuously: (A) contacts the electronic communication device of the recipient; or (B) causes an electronic communication device of the recipient to ring or to receive other notification of attempted contact by means of electronic communication; (b) makes contact by means of electronic communication and insults, taunts, or challenges the recipient of the communication or any person at the receiving location in a manner likely to provoke a violent or disorderly response; (c) makes contact by means of electronic communication and threatens to inflict injury, physical harm, or damage to any person or the property of any person; or (d) causes disruption, jamming, or overload of an electronic communication system through excessive message traffic or other means utilizing an electronic communication device. (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor. (b) A second or subsequent violation of Subsection (2) is a class A misdemeanor. (4) (a) Except as provided in Subsection (4)(b), a criminal prosecution under this section does not affect an individual's right to bring a civil action for damages suffered as a result of the commission of an offense under this section. (b) This section does not create a civil cause of action based on electronic communications made for a legitimate business purpose. (5) A violation of this section is subject to prosecution in the jurisdiction in which the electronic communication originated or was received. Renumbered and
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