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ORDINANCE NO. 518
AN ORDINANCE OF THE CITY OF LAGRANGE, MISSOURI, ESTABLISHING HARASSMENT AND
CYBER.HARASSMENT AS A PUNISHABLE OFFENSE.
WHEREAS, harassing behaviors toward individuals can be a source of
considerable
annoyance, Stress and anxiety, if left unchecked, including harassment by
means of the use of the internet or other electronic communications; and
WHEREAS, in order to enhance the public safety, peace, morals and welfare of
the residents of the City of LaGrange, it is found desirable for the City to
enact and create an ordinance prohibiting harassment or harassing behavior.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAGRANGE,
MISSOURI, as follows:
SECTION 240.025; HARASSMENT AND CYBERHARASSMENT
A person commits the crime of harassment, if for the purpose of frightening
or disturbing another person, he/she
1 . Communicates in writing, by telephone or by any telecommunication means
a threat to commit any felony as defined by state or federal lawn; or
2. Makes a telephone call, communicates in writing or by any
telecommunication means, and uses coarse language offensive to one of
average sensibility, or
3. Makes a telephone call or communicates through the internet or any other
telecommunication medium using a false identification or anonymously; or
4. Makes repeated telephone calls.
B. A person commits the crime of cyber-harassment, if for the purpose of
harassing, alarming, annoying, abusing, threatening, intimidating,
tormenting
or embarrassing any other person, and under circumstances not constituting
harassment as described in paragraph A of this Section, he/she transmits or
causes the transmission of an electronic communication, or knowingly permits
an
electronic communication to be transmitted from an electronic communication
device under the person's control, to another person:
1. Using lewd, lascivious, indecent or obscene words, images or language, or
suggesting the commission of any lewd, lascivious, indecent or obscene act;
or
2. Anonymously or repeatedly', or
3. Threatening to indict injury on the person or the property of the person
communicated with or any member of his or her family or household.
C. Any offense committed under this Section may be deemed to have been
committed either at the place from which the communication was made or
created, or at the place where the communication was received.
D. For the purposes of this Section, ||electronic communication'' shall mean
the origination, emission, dissemination, transmission or reception of data,
images, signals, sounds or other intelligence or equivalence of intelligence
of any nature over any communications system by any method, including but
not limited to, fiber optic, electronic, magnetic, optical, digital or
analog method. By way of example, electronic communication'' includes but is
not limited to: electronic email, internet based communications, pager
service and electronic text massaging.
E. Any person found guilt of violating any of the provisions of this
section, shall, upon conviction thereof, be fined in an amount not exceeding
one thousand dollars ($l,000.00).
SEVERABILITY: The invalidity of any section, clause, sentence or provision
of this ordinance shall not affect the validity of any other part of this
ordinance which can be given effect without such invalid part or parts.
ORDINANCES IN CONFLICT: Al1 Ordinances or parts thereof in convict with or
inconsistent with the terms of this Ordinance are hereby repealed.
FULL FORCE AND EFFECT: This Ordinance shall be in full force and effect from
and after a copy of the proposed Ordinance has been made available
to the general public by posting a copy thereof in the City Office,
1 18 S. Main Street, LaGrange, Missouri, after it has been read by title two
(2) times before the City Council of the City of LaGrange, Missouri, and
after it
has been approved by the Mayor of the City of LaGrange, Missouri.
Adopted this 25th day of
February, 2008
/s/ Mike Hudnut
Mayor/presiding Officer
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In article <76gis3ph9obu8nku2gu47m9haekjfapbmu@4ax.com>,
George Ewart <gewart@hotmail.com> wrote:
ORDINANCE NO. 518
A person commits the crime of harassment, if for the purpose of frightening
or disturbing another person, he/she
Define "disturbing". How is the purpose measured? If I post
something to Usenet to amuse myself and a few friends, and it's rude
towards a third party, how is that considered?
1 . Communicates in writing, by telephone or by any telecommunication means
a threat to commit any felony as defined by state or federal lawn; or
Seems OK.
2. Makes a telephone call, communicates in writing or by any
telecommunication means, and uses coarse language offensive to one of
average sensibility, or
Seems like a Free Speech violation.
3. Makes a telephone call or communicates through the internet or any other
telecommunication medium using a false identification or anonymously; or
Free Speech violation.
4. Makes repeated telephone calls.
This is a joke, right? They aren't limiting the number of times I can
call my mother, are they? (Yes, I know it requires "frightening or
disturbing" another person; but what if that other person is some
third party?)
B. A person commits the crime of cyber-harassment, if for the purpose of
harassing, alarming, annoying, abusing, threatening, intimidating,
tormenting
or embarrassing any other person, and under circumstances not constituting
harassment as described in paragraph A of this Section, he/she transmits or
causes the transmission of an electronic communication, or knowingly permits
an
electronic communication to be transmitted from an electronic communication
device under the person's control, to another person:
1. Using lewd, lascivious, indecent or obscene words, images or language, or
suggesting the commission of any lewd, lascivious, indecent or obscene act;
or
So telling someone "Go @$#* yourself" is illegal? Or even "Your
argument is @$#*ed" (done for the purpose of embarassing someone who
made a stupid logic mistake)?
2. Anonymously or repeatedly', or
3. Threatening to indict injury on the person or the property of the person
communicated with or any member of his or her family or household.
C. Any offense committed under this Section may be deemed to have been
committed either at the place from which the communication was made or
created, or at the place where the communication was received.
Received after forwarding by whom?
Seth
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