[Ord. No. 6009 §2, 1-22-2008; Ord. No. 6032 §1(17-39.1), 9-9-2008]
A.
COURSE OF CONDUCT
ELECTRONIC COMMUNICATIONS
ELECTRONIC COMMUNICATIONS DEVICE
HARASSES
Definitions. For the purposes of Sections 215.745 and 215.750, the following words shall have the meanings set out herein:
A pattern of conduct composed of two (2) or more acts which
may include communication by any means over a period of time, however
short, evidencing a continuity of purpose. Constitutionally protected
activity is not included within the meaning of "course of
conduct". Such constitutionally protected activity includes
picketing or other organized protests.
The origination, emission, dissemination, transmission or
reception of data, images, signals, sounds or other intelligence or
equivalence of intelligence of any nature over any communications
system by any method including, but not limited to, a fiber optic,
electronic, magnetic, optical, digital or analog method. By way of
example, "electronic communication" includes, but
is not limited to:
Any instrument, equipment, machine or other device that facilitates
telecommunication including, but not limited to, a computer, computer
network, computer chip, computer circuit, scanner, telephone, cellular
telephone, pager, personal communications device, transponder, receiver,
radio, modem, or device that enables the use of a modem.
To engage in a course of conduct directed at a specific person
that serves no legitimate purpose that would cause a reasonable person
under the circumstances to be frightened, intimidated or emotionally
distressed.
B.
For purposes of Sections 215.745 and 215.750, an offense alleged to have been committed by means of a writing, by telephone, or by an electronic communications device may be deemed to have been committed either at the place from which the communication was made or at the place where the communication was received.
[Ord. No. 6009 §2, 1-22-2008; Ord. No. 6032 §1(17-39.2), 9-9-2008]
A.
A person
commits the offense of stalking if he or she purposely, through his
or her course of conduct, harasses or follows with the intent of harassing
another person.
[Ord. No. 6009 §2, 1-22-2008; Ord. No. 6032 §1(17-39.3), 9-9-2008; Ord. No. 6232 §1, 9-18-2012]
A.
A person
commits the offense of harassment if he/she:
1.
Knowingly communicates a threat to commit any felony to another person
and in so doing, frightens, intimidates or causes emotional distress
to such other person; or
2.
When communicating with another person, knowingly uses coarse language
offensive to one of average sensibility and thereby puts such person
in reasonable apprehension of offensive physical contact or harm;
or
3.
Knowingly frightens, intimidates or causes emotional distress to
another person by anonymously making a telephone call or any electronic
communication; or
4.
Knowingly communicates with another person who is, or who purports
to be, seventeen (17) years of age or younger and in so doing and
without good cause recklessly frightens, intimidates or causes emotional
distress to such other person; or
5.
Without good cause engages in any other act with the purpose to frighten,
intimidate or cause emotional distress to another person, cause such
person to be frightened, intimidated or emotionally distressed, and
such person's response to the act is one of a person of average sensibilities
considering the age of such person.
[1]
Editor's Note—Ord. no. 6032 §1, adopted September 9, 2008, repealed sections 215.740—215.755 and enacted the new provisions set out in sections 215.740—215.750 above. Section 215.755 "cyber-harassment" was repealed and replaced with the above provisions. Former section 215.755 derived from ord. no. 6009 §2, 1-22-08. At the editor's discretion, this section has been reserved for the city's future use.
