Introduced by Senator Shumlin of Windham County and Senator Sears of Bennington County

BILL AS INTRODUCEDS.314

2000Page 1

S.314

Introduced by Senator Shumlin of Windham County and Senator Sears of Bennington County

Referred to Committee on

Date:

Subject:Crimes and criminal procedure; internet crimes

Statement of purpose: This bill proposes to extend the scope of a number of criminal statutes so that they apply to crimes committed over the internet. The bill also proposes amending the criminal jurisdiction statute to make clear that a person can be prosecuted in Vermont for harm caused in this state, even if the conduct causing the harm occurred in another state.

AN ACT RELATING TO INTERNET CRIMES

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 13 V.S.A. § 2 is amended to read:

§ 2. CRIMES COMMITTED PARTLY OUTSIDE STATETERRITORIAL

APPLICABILITY

A person who, with intent to commit a crime, does an act within this state in execution or part execution of such intent, which culminates in the commission of a crime either within or without this state, shall be punished for such crime in this state in the same manner as if the same had been committed entirely within this state.

(a) Except as otherwise provided in this section, a person may be convicted under the laws of this state of an offense committed by his or her own conduct or the conduct of another for which the person is legally accountable, if:

(1) either the conduct which is an element of the offense or the result which is such an element occurs within this state; or

(2) conduct occurring outside the state is sufficient under the laws of this state to constitute an attempt to commit an offense within the state; or

(3) conduct occurring outside the state is sufficient under the laws of this state to constitute a conspiracy to commit an offense within this state, and an overt act in furtherance of such conspiracy occurs within this state; or

(4) conduct occurring within this state establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit, an offense in another jurisdiction which also is an offense under the laws of this state; or

(5) the offense consists of the omission to perform a legal duty imposed by the laws of this state with respect to domicile, residence or a relationship to a person, thing or transaction in this state; or

(6) the offense is based on a statute of this state which expressly prohibits conduct outside the state, when the conduct bears a reasonable relation to a legitimate interest of this state and the actor knows or should know that his or her conduct is likely to affect that interest.

(b) Subdivision (a)(1) of this section does not apply when either causing a specified result or a purpose to cause or danger of causing such a result is an element of an offense and the result occurs, or is designed or likely to occur only in another jurisdiction where the conduct charged would not constitute an offense, unless a legislative purpose plainly appears to declare the conduct criminal regardless of the place of the result.

(c) Subdivision (a)(1) of this section does not apply when causing a particular result is an element of an offense and the result is caused by conduct occurring outside the state which would not constitute an offense if the result had occurred there, unless the actor purposely or knowingly caused the result within the state.

(d) When the offense is homicide, either the death of the victim or the bodily impact causing death constitutes a “result,” within the meaning of subdivision (a)(1) of this section, and if the body of a homicide victim is found within the state, it is presumed that such result occurred within the state.

(e) When used in this section, the words “this state” include the land and water and the air space above such land and water with respect to which the state of Vermont has jurisdiction.

Sec. 2. 13 V.S.A. § 1027 is amended to read:

§ 1027. DISTURBING PEACE BY USE OF TELEPHONE OR

ELECTRONIC COMMUNICATIONS DEVICE

(a) A person who, with intent to terrify, intimidate, threaten, harass or annoy, telephones or makes contact by means of an electronic communications device with another and (i) makes any request, suggestion or proposal which is obscene, lewd, lascivious or indecent; (ii) threatens to inflict injury or physical harm to the person or property of any person; or (iii) disturbs, or attempts to disturb, by repeated anonymous telephone calls, or by means of an electronic communications device, whether or not conversation ensues, the peace, quiet or right of privacy of any person at the place where the electronic communications or telephone call or calls are received shall be fined not more than $250.00 or be imprisoned not more than three months or both. If the defendant has previously been convicted of a violation of this section or of an offense under the laws of another state or of the United States which would have been an offense under this act if committed in this state, hethe defendant shall be fined not more than $500.00 or imprisoned for not more than six months, or both.

(b) An intent to terrify, threaten, harass or annoy may be inferred by the trier of fact from the use of obscene, lewd, lascivious or indecent language or the making of a threat or statement or repeated anonymous telephone calls or electronic communications as set forth in this section and any trial court may in its discretion include a statement to this effect in its jury charge.

(c) An offense committed by use of a telephone as set forth in this section shall be considered to have been committed at either the place where the telephone call or calls originated or at the place where the telephone call or calls were received. An offense committed by use of an electronic communications device or medium, including the internet, may be deemed to have been committed at either the place where the electronic communication or communications were originally sent or at the place where the electronic communication or communications were first viewed by the victim.

(d) When used in this title, “electronic communications device” includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers.

Sec. 3. 13 V.S.A. § 1061 is amended to read:

§ 1061. DEFINITIONS

As used in this subchapter,

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(4) "Harassing" means a course of conduct directed at a specific person which would cause a reasonable person to fear unlawful sexual conduct, unlawful restraint, bodily injury, or death, including but not limited to verbal threats, written, telephonic or electronically communicated threats, vandalism, or unconsented to physical contact.

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Sec. 4. 13 V.S.A. § 1753 is amended to read:

§ 1753. FALSE PUBLIC ALARMS

A person who initiates or wilfully circulates or transmits a report of warning of an impending bombing or other offense or catastrophe, knowing that the report or warning is false or baseless and that it is likely to cause evacuation of a building, place of assembly, or facility of public transport, or to cause public inconvenience or alarm, shall, for the first offense, be imprisoned for not more than two years or fined not more than $5,000.00, or both. For the second or subsequent offense, the person shall be imprisoned for not more than five years or fined not more than $10,000.00, or both. In addition, the court may order the person to perform community service. Any community service ordered under this section shall be supervised by the department of corrections.

Sec. 5. 13 V.S.A. § 2005 is amended to read:

§ 2005. FALSE ADVERTISING

A person, firm, corporation or association, or an agent or employee thereof, who, with intent to sell courses of instruction or to dispose of merchandise, real estate, securities or service or to induce the public to enter into any obligations relating thereto, shall knowingly make, publish, circulate or place before the public on radio or television or in a newspaper, magazine or other publication or in form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label or tag, or through an electronic communication, an advertisement or statement regarding educational advantages, merchandise, real estate, securities or service, which advertisement or statement shall contain anything untrue, deceptive or misleading, shall be fined not more than $1,000.00.

Sec. 6. 13 V.S.A. § 2103 is amended to read:

§ 2103. LOTTERY TICKETS

(a) A person shall not:

(1) Sell a lottery ticket or an interest therein, or a paper purporting to be a lottery ticket or an interest therein;

(2) Open or keep an office, shop or store for the purpose of selling or procuring a lottery ticket or paper or an interest therein;

(3) Act as a broker or agent in buying, selling or procuring to be bought or sold or disposed of in any way such ticket or interest therein, or in effecting or in endeavoring to effect a contract in regard thereto;

(4) Set up, exhibit or publish or cause to be set up, exhibited or published within this state written or, printed or electronically communicated proposals to buy, sell or procure such ticket or interest therein.

(b) A person violating a provision hereof shall be fined not more than $300.00.

Sec. 7. 13 V.S.A. § 2802(a) is amended to read:

(a) No person may, with knowledge of its character and content, sell, lend, distribute or give away to a minor:

(1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image, including any such representation or image which is communicated, transmitted, or stored electronically, of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to minors; or

(2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraphsubdivision (1) hereofof this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmful to minors.

Sec. 8. 13 V.S.A. § 2804a is amended to read:

§ 2804a. PUBLICLY DISPLAYING SEX OR NUDITY FOR

ADVERTISING PURPOSES

No person may knowingly, publicly display nudity or sex for advertising purposes. A violation of this section occurs if a person:

(1) Displays publicly or causes to be displayed publicly for advertising purposes a picture, photograph, drawing, sculpture or other visual representation or image, including any such representation or image which is communicated, transmitted, or stored electronically, of a person or portion of the human body that depicts nudity, sado-masochistic abuse, sexual conduct or sexual excitement, which is harmful to minors, or any page, poster or other written or printed matter bearing such representation or a verbal description or narrative account of such items or activities; or

(2) Permits any public display described in this section on premises owned, rented or operated by him or her; or

(3) For advertising purposes, purchases space in any newspaper, magazine or other circular, printed in this state, in order to insert any article or advertisement which contains material harmful to minors.

Sec. 9. 13 V.S.A. § 2821 is amended to read:

§ 2821. DEFINITIONS

As used in this chapter:

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(5) "Promote" means to procure, issue, manufacture, publish, sell, give, provide, lend, mail, deliver, distribute, disseminate, circulate, present, exhibit, advertise, or offer to do the same, by any means, including electronic transmission.

VT LEG 119742.1