AB 649

Under current law, a person who engages in certain conduct intended to harass

or intimidate another is subject to a Class B forfeiture, which is a forfeiture of up to

$1,000. If he or she engages in harassing or intimidating conduct while subject to

a restraining order and the conduct is accompanied by a credible threat that places

the victim in fear of death or great bodily harm, he or she is guilty of a Class A

misdemeanor, which is punishable by a fine of up to $10,000, confinement in jail for

up to nine months, or both. Also under current law, a person who makes a telephone

call or sends a message over a computer system with intent to frighten, intimidate,

threaten, abuse, or harass the recipient and who threatens to injure the recipient is

guilty of a Class B misdemeanor, which is punishable by a fine of up to $1,000,

confinement in jail for up to 90 days, or both. A person is also guilty of a Class B

misdemeanor if he or she makes a telephone call or sends a message over a computer

system with intent to frighten, intimidate, threaten, or abuse the recipient and

either the call or message uses obscene, lewd, or profane language or suggests a

lascivious act or the call or message is made with intent to prevent disclosure of the

actor's identity.

Under this bill, a person is guilty of a Class A misdemeanor if he or she sends,

posts, or displays a message on a computerized communication that invites another

person to harass a third person or that invites another person to contact the third

person using obscene, lewd, or profane language or suggesting a lewd or lascivious

act. Under the bill, a person is guilty of inviting harassment if all of the following

apply: 1) the person sends, posts, or displays a message on a computerized

communication system; 2) the message invites another person to contact a specified

victim; 3) the person's message includes information on how to contact the victim; 4)

the person intends that the victim be harassed, frightened, intimidated, threatened,

or abused by the contact from the other person; 5) the person intends that the contact

from the other person serve no legitimate purpose; and 6) as a result of the message,

another person contacts the victim and the victim is harassed, frightened,

intimidated, threatened, or abused by the contact. Under the bill, a person is guilty

of inviting obscene, lewd, or profane contact if all of the following apply: 1) the person

sends, posts, or displays a message on a computerized communication system; 2) the

message invites another person to contact a specified victim using obscene, lewd, or

profane language or suggesting a lewd or lascivious act; 3) the person's message

includes information on how to contact the victim; 4) the person intends the victim

to be harassed, frightened, intimidated, threatened, or abused by the contact from

the other person; and 5) as a result of the person's message, another person contacts

the victim using obscene, lewd, or profane language or suggesting a lewd or

lascivious act and the victim is harassed, frightened, intimidated, threatened, or

abused by the contact.

Because this bill creates a new crime or revises a penalty for an existing crime,