Domestic Violence: Electronic Communication Harassment

Degree

Electronic communication harassment against an adult is a class B misdemeanor. Electronic communication harassment (domestic violence) against a child is class A misdemeanor.
(Utah Code Ann. §76-9-201(1)(a), 76-9-201(1)(d))

Elements

A defendant is guilty of electronic communication harassment(domestic violence) if with intent to annoy, alarm, intimidate, offend, abuse, threaten, harass, frighten, or disrupt the electronic communications of another, the defendant:

• makes repeated contact by means of electronic communications, whether or not a conversation ensues; or
• after the recipient has requested or informed the defendant not to contact the recipient, and the person repeatedly or continuously:
•     contacts the electronic communication device of the recipients; or
•     causes an electronic communication device of the recipient to ring or to receive other notification of attempted contact by means of electronic communication;
• makes contact by means of electronic communication and insults, taunts, or challenges the recipient of the communication or any person at the receiving location in a manner likely to provoke a violent or disorderly response;
• makes contact by means of electronic communication and threatens to inflict injury, physical harm, or damage to any person or the property of any person; or
• causes disruption, jamming, or overload of an electronic communication system through excessive message traffic or other means utilizing an electronic communication device.

Fine

Class A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(c), Utah Code Ann. §51-9-401)
Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

Class A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))
Class B misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))

Bail

Because of the unique and highly emotional nature of domestic violence crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of continued acts of violence subsequent to the release of an offender who has been arrested for domestic violence, it was the finding of the Utah Legislature that domestic violence crimes, are crimes for which bail may be denied if there is substantial evidence to support the charge, and if the court finds by clear and convincing evidence that he alleged perpetrator would constitute a substantial danger to an alleged victim of domestic violence if released on bail.
(Utah Code Ann. §76-6-2.5(12))

Addition Sentence for Domestic Violence

In addition to penalties otherwise provided by law, the court may:

• Order defendant to participate in an electronic or other type of monitoring program; and/or
• Order defendant to pay all or part of the costs of counseling incurred by the victim and any children affected by or exposed to the domestic violence offense;

The court will:

• Order cost of any services or treatment provided to the victim and affected children of the victim; and
• Order the defendant to obtain and satisfactorily complete treatment or therapy in a domestic violence treatment program, that is licensed by Utah’s Department of Human Services, unless the court finds that there is no licensed program reasonably available or that the treatment or therapy is not necessary.
  (Utah Code Ann. §77-36-5(3)(4) and (5))

DNA Specimen Analysis

A defendant convicted of class A misdemeanor electronic communication harassment (domestic violence) must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of electronic communication harassment (domestic violence) may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))