1. (1) Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-201 apply to this section.

2. (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:

   1. (a)

      1. (i) makes repeated contact by means of electronic communications, regardless of whether a conversation ensues; or

      2. (ii) after the recipient has requested or informed the actor not to contact the recipient, and the actor repeatedly or continuously:

         1. (A) contacts the electronic communication device of the recipient; or
         2. (B) causes an electronic communication device of the recipient to ring or to receive other notification of attempted contact by means of electronic communication;
   2. (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;
   3. (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
   4. (d) causes disruption, jamming, or overload of an electronic communication system through excessive message traffic or other means utilizing an electronic communication device.

3. (3)

   1. (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.
   2. (b) A second or subsequent violation of Subsection (2) is a class A misdemeanor.

4. (4)

   1. (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.
   2. (b) This section does not create a civil cause of action based on electronic communications made for a legitimate business purpose.
5. (5) A violation of this section is subject to prosecution in the jurisdiction in which the electronic communication originated or was received.

Renumbered and Amended by Chapter 173, 2025 General Session