Bill Summaries: S433 (2021)

  • Summary date: Mar 31 2021 - View summary

    Enacts GS 14-459, making it unlawful to use the name or persona of another person without their consent and with the intent to harm, defraud, intimidate, or threaten any person, to create a webpage on a commercial social networking site, as defined, or other website, or post or send one or more messages on or through a commercial social networking site or other website, excluding messages posted or sent through email or a message board. Makes violations a Class D felony punishable by a fine of up to $10,000. Also makes it unlawful to send an email, instant message, text message, or similar communication that references a name, domain address, phone number, or other identifying item belonging to a person, if the communication was sent without the person's consent with the intent to cause the recipient to reasonably believe that the person authorized or transmitted the communication, as well as the intent to harm or defraud the person. Makes violations a Class D felony punishable by a fine of up to $10,000 if the offense was committed with the intent to solicit a response by law enforcement or other emergency personnel; otherwise makes violations a Class A1 misdemeanor, punishable by a fine of up to $4,000. Establishes another offense, providing that if a person uses information resulting from the commission of the other stated offenses to commit a separate crime against the victim, the offender in violation of this statute is also guilty of aiding and abetting the commission of the separate crime, and punishable in accordance with the applicable statute governing the separate crime. Allows as a defense that the person is one of the following or that the person's conduct was solely take as an employee of: commercial networking sites, internet service providers, interactive computer services, telecommunications service providers, video service providers, and cable services providers. Includes defined terms. Applies to offenses committed on or after December 1, 2021.