§ 14-196.3. Cyberstalking. - North Carolina Statutes

§14‑196.3.  Cyberstalking.

(a)        The followingdefinitions apply in this section:

(1)        Electroniccommunication. – Any transfer of signs, signals, writing, images, sounds, data,or intelligence of any nature, transmitted in whole or in part by a wire,radio, computer, electromagnetic, photoelectric, or photo‑optical system.

(2)        Electronic mail. –The transmission of information or communication by the use of the Internet, acomputer, a facsimile machine, a pager, a cellular telephone, a video recorder,or other electronic means sent to a person identified by a unique address oraddress number and received by that person.

(b)        It is unlawful fora person to:

(1)        Use in electronicmail or electronic communication any words or language threatening to inflictbodily harm to any person or to that person's child, sibling, spouse, ordependent, or physical injury to the property of any person, or for the purposeof extorting money or other things of value from any person.

(2)        Electronically mailor electronically communicate to another repeatedly, whether or notconversation ensues, for the purpose of abusing, annoying, threatening,terrifying, harassing, or embarrassing any person.

(3)        Electronically mailor electronically communicate to another and to knowingly make any falsestatement concerning death, injury, illness, disfigurement, indecent conduct,or criminal conduct of the person electronically mailed or of any member of theperson's family or household with the intent to abuse, annoy, threaten,terrify, harass, or embarrass.

(4)        Knowingly permit anelectronic communication device under the person's control to be used for anypurpose prohibited by this section.

(c)        Any offense underthis section committed by the use of electronic mail or electroniccommunication may be deemed to have been committed where the electronic mail orelectronic communication was originally sent, originally received in thisState, or first viewed by any person in this State.

(d)        Any personviolating the provisions of this section shall be guilty of a Class 2misdemeanor.

(e)        This section doesnot apply to any peaceable, nonviolent, or nonthreatening activity intended toexpress political views or to provide lawful information to others. Thissection shall not be construed to impair any constitutionally protectedactivity, including speech, protest, or assembly. (2000‑125, s. 1; 2000‑140,s. 91.)