Last update: March 23, 2012
PLEASE NOTE: The National Conference of State Legislatures (NCSL) serves state legislators and their staff. This site provides comparative information only and should not be construed as legal advice. NCSL cannot provide assistance with individual cases.
Overview
Many states have enacted ""cyberstalking"" or ""cyberharassment"" laws or have laws that explicitly include electronic forms of communication within more traditional stalking or harassment laws. In addition, recent concerns about protecting minors from online bullying or harassment have led states to enact ""cyberbullying"" laws. This chart identifies only state laws that include specific references to electronic communication. However, other state laws may still apply to those who harass, threaten or bully others online, although specific language may make the laws easier to enforce. This chart classifies the various state laws addressing these three different types of online behaviors, as described below.
Cyberstalking. Cyberstalking is the use of the Internet, email or other electronic communications to stalk, and generally refers to a pattern of threatening or malicious behaviors. Cyberstalking may be considered the most dangerous of the three types of Internet harassment, based on a posing credible threat of harm. Sanctions range from misdemeanors to felonies.
Cyberharassment. Cyberharassment differs from cyberstalking in that it is generally defined as not involving a credible threat. Cyberharassment usually pertains to threatening or harassing email messages, instant messages, or to blog entries or websites dedicated solely to tormenting an individual. Some states approach cyberharrassment by including language addressing electronic communications in general harassment statutes, while others have created stand-alone cyberharassment statutes.
* Note: This chart does not cover cyberbullying laws. Cyberbullying and cyberharassment are sometimes used interchangeably, but cyberbullying generally refers to electronic harassment or bullying among minors within a school context. See the NCSL's Education Program's cyberbullying page for more information on cyberbullyings laws and legislation.
See also: State laws related to electronic solicitation or luring of children, Internet filtering laws--schools and libraries, and NCSL LegisBrief: Protecting Children Online.
State/Territory
Cyberstalking
Cyberharassment
Alabama
Ala. Code ? 13A-11-8
Alaska
Alaska Stat. ?? 11.41.260, 11.41.270
Arizona
Ariz. Rev. Stat. ? 13-2921
Arkansas
Ark. Code ? 5-41-108
Ark. Code ? 5-41-108
California
Cal. Civil Code ? 1708.7, Cal Penal Code ? 646.9
Cal. Penal Code ?? 422, 653.2, 653m
Colorado
Colo. Rev. Stat. ?? 18-602, 18-9-111
Colo. Rev. Stat. ? 18-9-111
Connecticut
Conn. Gen. Stat. ? 53a-182b, 53a-183
Delaware
Del. Code title 11 ? 1311
Florida
Fla. Stat. ? 784.048
Fla. Stat. ? 784.048
Georgia
Georgia Code ? 16-5-90
Hawaii
Hawaii Rev. Stat. ? 711-1106
Idaho
Idaho Stat. ?? 18-7905, 18-7906
Illinois
720 ILCS ?? 5/12-7.5, 740 ILCS 21/10
720 ILCS ?? 135/1-2, 135/1-3, 135/2
Indiana
Ind. Code ? 35-45-2-2
Iowa
Iowa Code ? 708.7
Kansas
Kan. Stat. ? 21-3438
Kentucky
Louisiana
La. Rev. Stat. ?? 14:40.2, 14:40.3
Maine
Me. Rev. Stat. title17A ? 210A (see 2007 Me. Laws, Ch. 685, sec. 3)
Maryland
Md. Code title 3 ? 3-805
Massachusetts
Mass. Gen. Laws ch. 265 ? 43
Mass. Gen. Laws ch. 265 ? 43A
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