Bill Text: MS SB2620 | 2021 | Regular Session | Introduced
Bill Title: Cyberstalking; authorize injunction when criminal charges filed.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-02-02 - Died In Committee [SB2620 Detail]
Download: Mississippi-2021-SB2620-Introduced.html
MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Judiciary, Division A
By: Senator(s) Norwood
Senate Bill 2620
AN ACT TO REQUIRE A COURT OF ORIGINAL JURISDICTION TO ISSUE AN INJUNCTION WHERE A PLAINTIFF DEMONSTRATES THE VIOLATION OF A SOCIAL MEDIA COMPANY'S COMMUNITY STANDARDS OR POLICIES BY A DEFENDANT'S COMMUNICATIONS ON THE SOCIAL MEDIA COMPANY'S PLATFORM; TO AUTHORIZE THE COURT OF ORIGINAL JURISDICTION TO ENJOIN THE DEFENDANT, ANY SOCIAL MEDIA COMPANY THAT DISTRIBUTES, HOSTS OR DISSEMINATES THE DEFENDANT'S COMMUNICATION, OR ANY CORPORATE SPONSOR OF THE DEFENDANT; TO AUTHORIZE THE COURT OF ORIGINAL JURISDICTION TO CONSIDER THE FILING OF CRIMINAL CHARGES RELATED TO THE COMMUNICATIONS TO BE ENJOINED AS A FACTOR IN DETERMINING WHETHER THE DEFENDANT HAS VIOLATED A SOCIAL MEDIA COMPANY'S COMMUNITY STANDARDS OR POLICIES; TO PROVIDE THAT A CRIMINAL CONVICTION RELATED TO THE COMMUNICATIONS THAT ARE THE SUBJECT OF THE PETITION SHALL BE SUFFICIENT EVIDENCE TO MERIT THE ISSUANCE OF A PERMANENT INJUNCTION UNDER THIS SECTION; TO AMEND SECTION 97-45-15, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "HARASS"; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) In accordance with the procedure established in the Mississippi Rules of Civil Procedure, a court of original jurisdiction shall issue an injunction when a plaintiff demonstrates, by a preponderance of the evidence, the violation of a social media company's community standards or policies by the defendant's communications on the social media company's platform.
(2) In its discretion, the court shall determine the scope and duration of the injunction necessary and may issue it against any combination of the following:
(a) The defendant who made the communication;
(b) Any social media company that distributes, hosts or disseminates a defendant's communications; or
(c) Any corporate sponsor of the defendant or the defendant's communications, if the court makes a finding that enjoining the corporate sponsor would be in the interest of justice.
(3) A court may consider the filing of criminal charges against the defendant pursuant to Section 97-45-15 related to the communication to be enjoined as a factor in determining whether the defendant's communications violated a social media company's community standards or policies.
(4) A criminal conviction against the defendant pursuant to Section 97-45-15 related to the communication to be enjoined shall be sufficient evidence to merit the issuance of a permanent injunction under this section as to the communications that provided the basis for the conviction.
(5) The Supreme Court's Rules Committee on Civil Practice and Procedure is encouraged to develop and issue a uniform form to implement this section.
SECTION 2. Section 97-45-15, Mississippi Code of 1972, is amended as follows:
97-45-15. (1) It is unlawful for a person to:
(a) Use in electronic mail or electronic communication any words or language threatening to inflict bodily harm to any person or to that person's child, sibling, spouse or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person.
(b) Electronically
mail or electronically communicate to another repeatedly, whether or not
conversation ensues, * * * with the
intent to threaten, terrify or harass any person.
(c) Electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person's family or household with the intent to threaten, terrify or harass.
(d) Knowingly permit an electronic communication device under the person's control to be used for any purpose prohibited by this section.
(2) Whoever commits the offense of cyberstalking shall be punished, upon conviction:
(a) Except as provided herein, the person is guilty of a felony punishable by imprisonment for not more than two (2) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both.
(b) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than five (5) years or a fine of not more than Ten Thousand Dollars ($10,000.00), or both:
(i) The offense is in violation of a restraining order and the person has received actual notice of that restraining order or posting the message is in violation of an injunction or preliminary injunction.
(ii) The offense is in violation of a condition of probation, a condition of parole, a condition of pretrial release or a condition of release on bond pending appeal.
(iii) The offense results in a credible threat being communicated to the victim, a member of the victim's family, or another individual living in the same household as the victim.
(iv) The person has been previously convicted of violating this section or a substantially similar law of another state, a political subdivision of another state, or of the United States.
(3) For the purposes of this section, "harass" refers to a knowing and willful course of conduct directed at a specific person that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing the person and that serves no legitimate purpose.
( * * *4) This section does not apply to any
peaceable, nonviolent, or nonthreatening activity intended to express political
views or to provide lawful information to others. This section shall not be
construed to impair any constitutionally protected activity, including speech,
protest or assembly. SECTION 3. This act shall take effect and be in
force from and after July 1, 2021.
