Use of electronic communication device to threaten, intimidate or harass a peace officer or public official.

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A. Whoever, with the intent to threaten, intimidate or harass, or facilitate another to threaten, intimidate or harass, uses an electronic communication device to knowingly publish, post or otherwise make publicly available personally identifiable information of a peace officer or public official, and as a result places that peace officer or public official in reasonable fear of death or serious bodily injury shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail for a term not to exceed six (6) months, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such fine and imprisonment. Upon conviction for a second or subsequent violation, the person shall be punished by imprisonment in the county jail for a term not to exceed one (1) year, or by a fine not to exceed Two Thousand Dollars ($2,000.00), or by both such fine and imprisonment.

B. As used in this section:

1. "Electronic communication" shall have the same meaning as that term is defined in Section 1172 of Title 21 of the Oklahoma Statutes. Electronic communication does not include broadcast transmissions or similar communications that are not targeted at any specific individual;

2. "Electronic communication device" means any cellular telephone, facsimile, pager, computer or any device capable of electronic communication;

3. "Peace officer" shall have the same meaning as that term is defined in Section 99 of Title 21 of the Oklahoma Statutes;

4. "Personally identifiable information" means information which can identify an individual including, but not limited to, name, birth date, place of birth, mother's maiden name, biometric records, Social Security number, official state- or government-issued driver license or identification number, government passport number, employer or taxpayer identification number or any other information that is linked or linkable to an individual, such as medical, educational, financial or employment information;

5. "Public official" means any person elected or appointed to a state office in the executive, legislative or judicial branch of state government or other political subdivision of the state; and

6. "Publish" means to circulate, deliver, distribute, disseminate, transmit or otherwise make available to another person.

Added by Laws 2021, c. 105, § 1, eff. Nov. 1, 2021.


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