A person commits the offense of harassment
if he/she, without good cause, engages in any act with the purpose
to cause emotional distress to another person.
A person commits the offense of kidnapping
if he or she knowingly restrains another unlawfully and without consent
so as to interfere substantially with his or her liberty.
[R.O. 2016 § 210.030; Ord. No. 776-08 § 1, 2-12-2008; Ord.
No. 821-08 § 2, 12-9-2008]
A. Definitions.
1.
For the purposes of Subsection
(B) of this Section and for the purposes of Section
210.210, the following term shall have the following meaning:
ELECTRONIC COMMUNICATIONS DEVICE
Any electronic instrument, equipment, machine or other device
that facilitates communication, 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.
2.
For the purposes of Section
210.160, the following term shall have the following meaning:
COURSE OF CONDUCT
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.
3.
For the purposes of Section
210.210, the following term shall have the following meaning:
ELECTRONIC COMMUNICATION
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 electronic method, including, but not limited to, a
fiber optic, magnetic, optical, digital or analog method. By way of
example, "electronic communication" includes, but is not limited to:
b.
Internet-based communications;
d.
Electronic text messaging.
B. Determination Of Location Of Offense. For the purposes of Sections
210.150,
210.160 and
210.210, 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.
[R.O. 2016 § 210.036; Ord. No. 776-08 § 1, 2-12-2008]
A. A person commits the offense of cyber harassment
if, with intent to harass, alarm, annoy, abuse, threaten, intimidate,
torment or embarrass any other person, he/she:
1.
Transmits or causes the transmission
of an electronic communication, or knowingly permits an electronic
communication to be transmitted from an electronic communication device
under his or her control, to such other person:
a.
Using any lewd, lascivious, indecent
or obscene words, images or language or suggesting the commission
of any lewd or lascivious act;
b.
Anonymously or repeatedly whether
or not conversation occurs; or
c.
Threatening to inflict injury on
the person or property of the person communicated with or any member
of his or her family or household; or
2.
Transmits or causes the transmission
of an electronic communication, or knowingly permits an electronic
communication to be transmitted from an electronic communications
device under his or her control, to a third party for the purpose
of instigating, initiating, prompting or otherwise bringing about
or causing such third party to harass, alarm, annoy, abuse, threaten,
intimidate, torment or embarrass such other person.