Oklahoma Computer Crimes Act enhancement


Regina Birchum
Media Specialist
Oklahoma House of Representatives
State Capitol, Suite B-25
405.557.7499 office
405.557.7498 fax
birchumre@lsb.state.ok.us

Contact: State Rep. Lance Cargill
Capitol: (405) 557-7400
Harrah: (405) 391-5211

House Passes Bill Making Harassment By Internet, Text Messaging a
Criminal Act

OKLAHOMA CITY (March 10) -- Under legislation recently approved
by the House, Oklahoma's law enforcement agencies would have another
tool to stop threatening behavior before it escalates into a violent or
deadly crime.
House Bill 1804, by Rep. Lance Cargill, would make it illegal to use
any electronic or telecommunication device to terrorize or harass
another individual. "This bill expands current harassment laws to make
clear that not only are harassing telephone calls illegal, but so are
harassing e-mails, faxes, and text messaging," Cargill, R-Harrah, said.
"This legislation was requested by an Oklahoma County assistant district
attorney, who was concerned about victims' rights."
Cargill said advancements in communication technology have
helped aid many batterers and stalkers in locating their victims, making
it more difficult for victims to escape their attackers.
According to Shawnee based Project Safe, Inc., a non-profit
organization that serves victims of domestic and sexual violence, the
level of danger for battered women and their children increases after
they leave their abuser. "In fact, leaving the relationship is one of
the predictors of domestic violence related homicides," wrote Executive
Director N. Ann Lowrance in a letter to Cargill.
She said it is not unusual for victims to receive as many as 30
to 50 voice or text messages in a single day, or to be tracked through
the Internet and e-mail. Even if they are not located, the victims
continue to be harassed through electronic communications.
Under existing state law, it is illegal to use a telephone and
select communication devices to threaten someone with physical harm or
death, or to use the devices to make obscene or indecent calls. Under HB
1804, those acts would also be illegal if committed through the use of
modern communication devices such as pagers, cellular or wireless
telephones, wire, cable, radio, fax and the Internet, including
electronic messages and instant messages.
Furthermore, it would be illegal to use any of those forms of
communication if the intent is "to terrify, intimidate or harass, or
threaten to inflict injury or physical harm to any person or property of
that person."
Any telecommunication or electronic communication that transmits
"signs, signals, data, writings, images and sounds or intelligence of
any nature"... or that distributes "images, text, voice, video or data
by wire, cable or wireless means" would be included under the bill.
A first conviction would be considered a misdemeanor under the
legislation; a second offense would be punishable as a felony.
"This legislation will enhance the safety of many Oklahomans,"
Cargill said. The House approved HB 1804 on a 97-0 vote; it will next be
considered by the state Senate.

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