Utah law addresses harassment that occurs through digital means. As technology has become more integrated into daily life, the avenues for misuse have expanded. This article explains the legal framework in Utah that defines electronic communication harassment, what constitutes a violation, and the potential consequences for offenders.
What Qualifies as Electronic Communication in Utah
Utah law defines an “electronic communication” as any form of communication transmitted through devices like telephones, mobile phones, computers, pagers, and personal digital assistants. This definition is inclusive, also covering satellite transmissions and other similar technologies that may emerge. The statute also defines an “electronic communication device” to include a wide range of devices capable of transmitting data, sounds, or images. By defining these terms broadly, the law ensures that nearly any modern digital interaction can fall under its purview if used for harassing purposes.
Prohibited Actions and Intent for Harassment
For an act to be considered criminal harassment, Utah law requires a specific intent behind the communication. The prosecution must prove the action was done “with intent to intimidate, abuse, threaten, harass, frighten, or disrupt the electronic communications of another.”1Justia. Utah Code § 76-9-201 (2024) – Electronic Communication Harassment — Definitions — Penalties. This means the motivation behind the contact is a central element of the offense.
The law outlines several specific prohibited actions, such as making a telephone call or causing a phone to ring repeatedly, regardless of whether a conversation occurs. It also criminalizes making any contact through electronic communication, sending a message to someone, or posting it for them to access. A person can also be held liable for knowingly allowing an electronic device they control to be used for these prohibited purposes.
Penalties for Electronic Communication Harassment
The legal consequences for electronic communication harassment in Utah are based on the offender’s history. A first offense is classified as a class B misdemeanor, which carries a potential penalty of up to six months in jail and a fine of up to $1,000.2Utah Legislature. Utah Code Section 76-3-204 – Misdemeanor Conviction — Term of Imprisonment
Repeat offenses are treated more severely. A second or subsequent conviction is elevated to a class A misdemeanor, which can result in up to one year in jail and fines up to $2,500.3Utah Legislature. Utah Code Section 76-3-301 – Fines of Individuals In certain circumstances, such as when a prior offense was committed against a minor, the crime can be enhanced to a felony.