12.1-17-07. Harassment

12.1-17-07. Harassment

1. As used in this section "robot" means an artificial object or system that senses,

processes, and acts using technology, including the associated elements,

communication links, and artificial intelligence. The term includes remotely piloted

aircraft.

2. A person is guilty of an offense if, with intent to frighten or harass another, the person:

a. Communicates in writing or by electronic communication a threat to inflict injury

on any person, to any person's reputation, or to any property;

b. Makes a telephone call anonymously or in offensively coarse language;

c. Makes repeated telephone calls or other electronic communication, whether or

not a conversation ensues, with no purpose of legitimate communication;

d. Communicates a falsehood in writing or by electronic communication and causes

mental anguish;

e. Communicates in writing, by electronic communication, or by electronically

publishing, posting, or otherwise disclosing information to a public internet site or

public forum an individual's personal identifying information; or

f. Uses a robot to engage in offensive conduct with no legitimate purpose.

3. The offense is a class A misdemeanor if it is under subdivision a of subsection 2 or

subsection 5. Otherwise it is a class B misdemeanor.

4. Any offense defined herein and committed by use of electronic communication may be

deemed to have been committed at either the place at which the electronic

communication was made or at the place where the electronic communication was

received.

5. A person is guilty of an offense if the person initiates communication with a

911 emergency line, public safety answering point, or an emergency responder

communication system with the intent to annoy or harass another person or a public

safety agency or who makes a false report to a public safety agency.

a. Intent to annoy or harass is established by proof of one or more calls with no

legitimate emergency purpose.

b. Upon conviction of a violation of this subsection, a person is also liable for all

costs incurred by any unnecessary emergency response.

6. Any offense defined herein is deemed communicated in writing if it is transmitted

electronically, by electronic mail, facsimile, or other similar means. Electronic

communication means transfer of signs, signals, writing, images, sounds, data, or

intelligence of any nature transmitted in whole or in part by a wire, radio,

electromagnetic, photo-electronic, or photo-optical system.