HB 1535 Summary

• Establishes harassment as a Class B misdemeanor when a person communicates with intent to harass, annoy, defame, ridicule, or alarm another person without legitimate communication intent through telephone calls, mail, telegraph, Citizens Radio Service channels, or electronic communications devices.

• Includes specific prohibition on transmitting obscene messages, indecent or profane words via electronic communications, and posting digital images or videos depicting another person in a state of nudity or engaged in sexual conduct on the Internet or to third parties.

• Defines obscene messages using a three-part test: dominant theme appeals to prurient interest in sex, refers to sexual conduct in patently offensive way, and lacks serious artistic, literary, political, or scientific value.

• Grants victims of harassment convictions a civil cause of action to recover actual damages, equitable relief including injunctive relief, punitive damages, reasonable attorney's fees and court costs, and any other relief the court deems proper.

• Establishes a two-year statute of limitations for civil actions, requiring suits to be brought no more than two years after the date of conviction under the harassment statute.

• Effective date: July 1, 2015.