LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
May 21, 2009

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB2003 by McCall (Relating to the creation of the offense of online harassment.), As Engrossed

The bill would amend the Penal Code by creating the offense of Online Harassment. Under the provisions of the bill using the name or persona of another person on social networking sites without the person's consent would be punishable as as a third degree felony.    The bill would make using identifying information belonging to another person to send certain electronic communication punishable as a Class A misdemeanor and provide for punishment enhancement to that of a third degree felony if the offense was committed with the intent to solicit a response by emergency personnel.

A Class A misdemeanor is punishable by confinement in a county jail for any term of not more than one year, or, in addition to confinement, a fine not to exceed $4,000.
 
A felony of the third degree is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.


For this analysis it is assumed the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.



Source Agencies:
LBB Staff:
JOB, GG, LM