SB 473
Creating felony offense of using electronic device to threaten violence
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill creates a felony offense in West Virginia for using electronic devices to threaten crimes of violence. Specifically, it prohibits using a computer, phone, or other electronic device to threaten a crime against a person or property, or to cause obscene material to be sent after a request to cease. If such actions cause an evacuation, disrupt public order, or create a serious public alarm, the penalty is a prison sentence of two to ten years. The bill also establishes criteria for determining if a communication constitutes a threat and outlines restrictions on offenders released on bail or probation.
Key provisions
- Creates a felony offense for threatening crimes of violence via electronic devices.
- Defines ‘electronic communication device’ broadly to include various technologies.
- Prohibits sending obscene material after a recipient’s request to stop.
- Establishes criteria for determining if a communication constitutes a ‘threat’ (knowledge and reasonable perception).
- Specifies that a failure to carry out a threat is not a defense.
- Defines ‘crime of violence’ as involving the use or threat of violent force.
- Outlines restrictions on offenders released on bail or probation regarding proximity to victims.
- Addresses the location of the offense as the origin or intended reception of the communication.
Who is affected
- Individuals who send threatening electronic communications.
- Victims of potential crimes of violence.
- Law enforcement agencies.
- Residents of West Virginia.
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