HB2052 Summary

• Amends the Harassing and Obscene Communications Act to add four new categories of harassment through electronic communications: anonymous calls/communications that frighten or intimidate; communications with minors under 18 that recklessly cause emotional distress; repeated unwanted communications; and other acts designed to frighten or intimidate based on the response of a reasonable person.

• Establishes that violations of the new harassment provisions (paragraphs 4.1-4.4) constitute a Class A misdemeanor, with enhanced penalties when the defendant is 21 or older and the victim is under 17 years old (Class 4 felony) or when there is a prior conviction for similar conduct (Class 4 felony).

• Creates an exemption for federal, state, county, and municipal law enforcement officers conducting criminal investigations from the application of the four new harassment provisions.

• Maintains existing penalties for other harassment violations: Class B misdemeanor for first offense, Class A misdemeanor for second or subsequent offense with minimum 14 days jail time or 240 hours of community service.

• Provides enhanced felony penalties (Class 4) for harassment violations when there are 3+ prior violations within 10 years, previous violations against the same victim, violation of a protective order, threats to kill, or prior forcible felony conviction.