publicly posts personal identifying information about a person with the intent to abuse or threaten that person
pretends to be another person and sends a message to defraud or cause physical, emotional or economic damage to a recipient
intends to abuse or threaten someone by making repeated contact—whether a conversation happened or not, including if the person requested them to stop—or causes the person’s device to receive notifications of attempted contact
makes contact and insults, taunts or challenges the recipient to provoke a violent or disorderly response
makes contact and threatens to inflict physical harm or damage to property
disrupts or jams a communication system through excessive message traffic or other means
Crimes of electronic communication harassment are subject to prosecution in either the jurisdiction where the communication originated or was received. The above examples are summarized from Utah code 76-9-201. For full details, see the website.
Attorneys for Cyberstalking in Utah
The most important benefit of having an experienced attorney is that the attorney understands the best ways to fight the case aggressively. If you were charged with stalking, harassment, or electronic communication harassment in Salt Lake City, Utah, call to talk with an experienced attorney at Brown, Bradshaw & Moffat, LLP, about the best way to deal with criminal charges related to your case
Call (801) 532-5297today for a free initial consultation to find out more about your legal options.
Additional Information about Cyberstalking Crimes in Utah
Electronic Communication and Cyberstalking Penalties
Defenses to Cyber Crimes in Utah
Injunctions for Cyberstalking in Utah
Electronic Communication and Cyberstalking Penalties
Harassment via electronic communication committed against an adult is a class B misdemeanor. A second or subsequent offense is considered a class A misdemeanor if all prior violations were committed against adults.
If any prior violation was committed against a minor, the charge will be a third-degree felony.
Harassment via electronic communication committed against a minor is a class A misdemeanor, and a second or subsequent offense is a third-degree felony, regardless whether any prior violation of this section was committed against a minor or an adult.
Defenses to Cyber Crimes in Utah
Most harassment cases hinge on the accused person's intentions. Often, the intention is not to harass but rather to carry out some legitimate purpose such as collecting a debt or exposing the misdeeds of another.
The law addresses this issue under Utah code 76-9-201, where it says that the person charged with electronic communication harassment must act with an intention to do one or more of the following: threaten, harass, frighten, intimidate, annoy, offend, abuse, alarm or disrupt the electronic communications of another.
Injunctions for Cyberstalking in Utah
Victims of stalking can file a petition for a stalking injunction at the district courts throughout Utah. A stalking injunction (often called a restraining or protective order) can be put in place against anyone regardless of the relationship between the parties.
Find a Lawyer for Cyberstalking in Salt Lake City
If you have been accused of cyberstalking, cyberbullying, or harassing in Salt Lake City, Utah, or the surrounding areas, you may face both criminal and civil charges. The lawyers at Brown, Bradshaw & Moffat know the ins and outs of the law concerning prohibited electronic communication and will fight to protect your rights.
Many cybercrime charges are dismissed because the prosecution fails to prove that a defendant had the intent to harm or harass the victim.
Call us at (801) 532-5297today for a free initial, confidential consultation.
Criminal Defense — Utah
Frequently Asked Questions About Cyberstalking & Electronic Harassment in Utah
1What qualifies as cyberstalking or electronic communication harassment in Utah?
Under Utah Code § 76-12-202, electronic communication harassment occurs when someone uses an electronic device with the intent to intimidate, abuse, threaten, harass, frighten, or disrupt another person's communications. Common examples include:
Sending repeated unwanted messages after being told to stop
Making contact that insults, taunts, or threatens in a way likely to provoke a violent response
Jamming or overloading someone's communication system with excessive message traffic
A related but separate offense, Utah Code § 76-12-203, covers publicly posting someone's private information online (doxing) or impersonating someone electronically to defraud or injure them.
2Is cyberstalking a felony or a misdemeanor in Utah?
Electronic communication harassment itself is always a misdemeanor, not a felony. Under § 76-12-202, a first offense is a class B misdemeanor (up to 6 months in jail, up to a $1,000 fine); a second or subsequent offense is a class A misdemeanor (up to 1 year in jail, up to a $2,500 fine). There is no felony tier for this specific offense.
However, conduct that rises to a repeated "course of conduct" targeting a specific person, which can include electronic contact, may instead be charged as stalking under Utah Code § 76-5-106.5, a separate and broader crime. Stalking is a class A misdemeanor on a first offense, but becomes a third-degree felony if the accused has a prior stalking conviction (or substantially similar out-of-state offense), a prior felony conviction against the same victim, or violated a criminal stalking injunction, and a second-degree felony if a dangerous weapon was used or the accused has two or more prior stalking convictions.
3Can I get a restraining order for cyberstalking in Salt Lake City?
Yes. Under Utah Code § 78B-7-701, victims of stalking — which can be established through a pattern of electronic contact — can file a petition for a Civil Stalking Injunction in Utah district courts.
Unlike some protective orders that require a domestic relationship, a stalking injunction can be filed against anyone, regardless of your relationship with them. If granted, this civil order legally prohibits the individual from contacting you electronically or appearing at your home or workplace.
4What are the most common defenses against cyberstalking charges?
The most effective defense against an electronic communication harassment charge usually centers on intent. To convict under § 76-12-202, the prosecution must prove you intended to intimidate, abuse, threaten, harass, frighten, or disrupt the recipient.
If the communication was for a legitimate purpose — such as attempting to collect a legal debt, conducting a business transaction, or a simple misunderstanding — it may not meet the legal threshold for criminal harassment.
5Do I need a lawyer for an electronic communication harassment charge?
Because these convictions can lead to a permanent criminal record, jail time, and civil injunctions, it is critical to consult with an experienced criminal defense attorney. A lawyer can:
Challenge the prosecution's evidence regarding intent
Protect your digital privacy rights during the investigation
Work to have charges reduced or dismissed
If you are facing charges in Salt Lake City, the team at Brown, Bradshaw & Moffat can provide a confidential case evaluation to discuss your options.
DISCLAIMER: The information in this document is for general educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Contacting Brown, Bradshaw & Moffat does not create an attorney-client relationship.
Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah. The use of this form for communication with our personnel does not establish an attorney-client relationship.
