SCS/SB 928 - This act modifies provisions relating to criminal offenses.
ATTORNEY GENERAL (SECTION 27.117)
This act gives the Attorney General concurrent jurisdiction to prosecute certain offenses that occurred in more than one jurisdiction.
PROTECTIVE ORDERS (SECTION 455.050)
Under current law, a person that petitions for a full or ex parte protective order is protected from certain offenses if the order is granted. This act adds cyberstalking to the list of offenses.
RELEASE FROM JAIL (SECTION 544.667)
Currently, a person can be released from jail upon recognizance or bond. This act provides that a person that has been released under such circumstances that fails to comply with the conditions of such release that imposes no contact with the victim shall be guilty of a class A misdemeanor and shall forfeit any security that was pledged for their release.
CRIMINAL OFFENSES (SECTIONS
565.002,
565.050,
565.052,
565.054,
565.056,
565.072,
565.073,
565.074,
565.090,
565.091,
565.225,
565.227,
565.260,
565.400,
565.405,
573.570, & 573.575)
This act modifies the offenses of assault in the first, second, third, and fourth degrees and the offenses of domestic violence in the first, second, third, and fourth degrees by removing the defined terms of "serious physical injury" and "physical injury" and providing for the following harms:
• Great bodily harm: Bodily injury which creates a high probability of death, or which causes serious permanent or protracted loss or impairment of function of any bodily member or organ, or other serious bodily harm;
• Substantial bodily harm: Bodily harm which involves a temporary but substantial disfigurement, or which causes temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member; and
• Bodily harm: Physical pain or injury, illness, or any impairment of physical condition.
Under current law, the first offense of harassment in the first degree is a class E felony. This act provides that a second or subsequent conviction of harassment in the first degree shall be a class D felony where the individual has previously been found guilty of harassment in the first or second degree. Currently, a first offense of harassment in the second degree is a class A misdemeanor. Under this act, provisions relating to a second or subsequent conviction of harassment in the second degree are modified to include a conviction of harassment in the first degree as a previous conviction in which case it is a class E felony.
This act modifies the offense of stalking in the first degree by repealing the elements of such offense and providing that a person commits the offense of stalking in the first degree when the person knowingly, through a course of conduct that is directed at another person or through technological abuse, as defined in the act, engages in conduct that would cause a reasonable person under similar circumstances to:
• Fear death or bodily injury, as defined in this act;
1. Fear that an offense will be committed against a member of the person's family, household members, or an individual with whom the person has a dating relationship;
2. Fear that an offense will be committed against the person's property; or
3. Feel harassed, terrified, or intimidated.
This act modifies the offense of stalking in the second degree by repealing the elements of such offense and providing that a person commits the offense of stalking in the second degree when the person knowingly, through a course of conduct that is directed at another person or through technological abuse, as defined in the act, engages in conduct that would cause a reasonable person under similar circumstances to feel harassed, terrified, or intimidated.
This act creates the offense of unlawful tracking of a motor vehicle. A person is guilty of this offense if he or she knowingly installs, conceals, or otherwise places an electronic tracking device in or on a motor vehicle. This offense shall be a class A misdemeanor for a first offense and a class E felony for a second or subsequent offense.
This act creates the offense of cyberharassment. A person commits this offense if he or she purposely or knowingly engages in a threatening, aggressive, or otherwise fear-inducing, course of conduct by using digital technology, internet service providers, electronic service providers or other electronic communications and devices cause reasonable fear, alarm, anxiety, undo stress, or terror to others by repeated contact with no legitimate purpose. This offense shall be a class B misdemeanor upon a first offense and a class A misdemeanor for second or subsequent offenses.
A person commits the offense of cyberstalking if such person purposely or knowingly engages in a threatening, aggressive, or otherwise fear-inducing, course of conduct by using digital technology, internet service providers, electronic service providers or other electronic communications and devices to enhance the ability to intimidate, track, follow or cause reasonable fear, alarm, anxiety, undo stress, or terror to another person. A first offense shall be a class A misdemeanor and a second or subsequent offense shall be a class E felony.
This act creates the offense of disclosure of an intimate digital depiction. A person shall be guilty of such offense if he or she discloses or threatens to disclose an intimate digital depiction with the intent to harass or threaten another person.
A violation of such offense is a class D felony if the person discloses an intimate digital depiction and a class E felony if the person threatens to disclose an intimate digital depiction. Any second or subsequent violation of such offense is a class C felony. Additionally, it shall be a class C felony if the disclosure interferes with a government proceeding or causes violence.
This act creates the offense of sadistic online exploitation. A person commits this offense where he or she uses the internet to coerce a victim into committing certain acts. This offense shall be a class E felony.
TRISTAN BENSON, JR.
Statutes affected: Introduced (5463S.01):
544.170,
565.002,
565.050,
565.052,
565.054,
565.056,
565.072,
565.073,
565.074,
565.076,
565.225,
565.227,
575.275Committee (5463S.04):
27.117,
455.050,
544.667,
565.002,
565.050,
565.052,
565.054,
565.056,
565.072,
565.073,
565.074,
565.076,
565.090,
565.091,
565.225,
565.227,
565.260,
565.400,
565.405,
573.570,
573.575