Posted on 01/18/2020 3:37:07 PM PST by txnativegop
HOUSE BILL NO. 1627 Offered January 16, 2020 A BILL to amend and reenact §§ 18.2-60, 18.2-60.1, 18.2-83, 18.2-152.7:1, and 18.2-430 of the Code of Virginia, relating to threats and harassment of certain officials and property; venue. ---------- Patron-- Bourne ---------- Referred to Committee for Courts of Justice ---------- Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-60, 18.2-60.1, 18.2-83, 18.2-152.7:1, and 18.2-430 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-60. Threats of death or bodily injury to a person or member of his family; threats of death or bodily injury to persons on school property; threats of death or bodily injury to health care providers; penalty.
A. 1. Any person who knowingly communicates, in a writing, including an electronically transmitted communication producing a visual or electronic message, a threat to kill or do bodily injury to a person, regarding that person or any member of his family, and the threat places such person in reasonable apprehension of death or bodily injury to himself or his family member, is guilty of a Class 6 felony. However, any person who violates this subsection with the intent to commit an act of terrorism as defined in § 18.2-46.4 is guilty of a Class 5 felony.
2. Any person who communicates a threat, in a writing, including an electronically transmitted communication producing a visual or electronic message, to kill or do bodily harm, (i) on the grounds or premises of any elementary, middle or secondary school property, (ii) at any elementary, middle or secondary school-sponsored event or (iii) on a school bus to any person or persons, regardless of whether the person who is the object of the threat actually receives the threat, and the threat would place the person who is the object of the threat in reasonable apprehension of death or bodily harm, is guilty of a Class 6 felony.
B. Any person who orally makes a threat to kill or to do bodily injury to (i) any employee of any elementary, middle or secondary school, while on a school bus, on school property or at a school-sponsored activity or (ii) any health care provider as defined in § 8.01-581.1 who is engaged in the performance of his duties in a hospital as defined in § 18.2-57 or in an emergency room on the premises of any clinic or other facility rendering emergency medical care, unless the person is on the premises of the hospital or emergency room of the clinic or other facility rendering emergency medical care as a result of an emergency custody order pursuant to § 37.2-808, involuntary temporary detention order pursuant to § 37.2-809, involuntary hospitalization order pursuant to § 37.2-817, or emergency custody order of a conditionally released acquittee pursuant to § 19.2-182.9, is guilty of a Class 1 misdemeanor.
A prosecution pursuant to this section may be either in the county, city or town in which the communication was made or received or in the City of Richmond if the person threatened is one of the following officials or employees of the Commonwealth: the Governor, Governor-elect, Lieutenant Governor, Lieutenant Governor-elect, Attorney General, or Attorney General-elect, a member or employee of the General Assembly, a justice of the Supreme Court of Virginia, or a judge of the Court of Appeals of Virginia.
§ 18.2-60.1. Threatening the Governor or his immediate family.
Any person who shall knowingly and willfully send, deliver or convey, or cause to be sent, delivered or conveyed, to the Governor or his immediate family any threat to take the life of or inflict bodily harm upon the Governor or his immediate family, whether such threat be oral or written, shall be is guilty of a Class 6 felony. A violation of this section may be prosecuted in the jurisdiction in which the communication was made or received or in the City of Richmond.
§ 18.2-83. Threats to bomb or damage buildings or means of transportation; false information as to danger to such buildings, etc.; punishment; venue.
A. Any person (a) (i) who makes and communicates to another by any means any threat to bomb, burn, destroy or in any manner damage any place of assembly, building or other structure, or any means of transportation, or (b) (ii) who communicates to another, by any means, information, knowing the same to be false, as to the existence of any peril of bombing, burning, destruction or damage to any such place of assembly, building or other structure, or any means of transportation, shall be is guilty of a Class 5 felony;, provided, however, that if such person be is under fifteen 15 years of age, he shall be is guilty of a Class 1 misdemeanor.
B. A violation of this section may be prosecuted either in the jurisdiction from which the communication was made or in the jurisdiction where the communication was received or in the City of Richmond if the property threatened is owned by the Commonwealth and located within the Capitol District.
§ 18.2-152.7:1. Harassment by computer; penalty.
If any person, with the intent to coerce, intimidate, or harass any person, shall use a computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act, he shall be is guilty of a Class 1 misdemeanor. A violation of this section may be prosecuted in the jurisdiction in which the communication was made or received or in the City of Richmond if the person subjected to the act is one of the following officials or employees of the Commonwealth: the Governor, Governor-elect, Lieutenant Governor, Lieutenant Governor-elect, Attorney General, or Attorney General-elect, a member or employee of the General Assembly, a justice of the Supreme Court of Virginia, or a judge of the Court of Appeals of Virginia.
§ 18.2-430. Venue for offenses under this article.
Any person violating any of the provisions of this article may be prosecuted either in the county or city from which he called or in the county or city in which the call was received, or in the City of Richmond if the person subjected to the act is one of the following officials or employees of the Commonwealth: the Governor, Governor-elect, Lieutenant Governor, Lieutenant Governor-elect, Attorney General, or Attorney General-elect, a member or employee of the General Assembly, a justice of the Supreme Court of Virginia or a judge of the Court of Appeals of Virginia.
It’s amazing how tight the tyrants get their panties bunched up when Citizens disagree with their grand scheme
I expect Northam to start talking falsetto his panties are twisted so tight. :)
Well, bummer, dood!
Blue counties in Va had 65% turnout
Red Counties in Va had 38% turnout
That is why we lost.
Or you get what you don’t want, when you don’t vote!
This is patently unconstitutional. It directly violates the 1st Amendment. If they struck the word 'harass', it might pass muster.
Otherwise, they made it a misdemeanor to tell the governor to eff himself. Sorry Charlie, not allowed.
Nothing else Northam and the Democrats have done since 13 January has been Constitutional, why would they change their methods now?
Arent all those things already illegal?
My thinking exactly
Not that I know of.
I agree that this law is Constitutional BS but I wonder how they would feel if they suddenly stopped receiving any communications of any nature from 2nd Amendment supporters.
Virtual silence. Would that make them feel comfortable?
I’m actually surprised they didn’t try to include former officials. Wonder if they’re planning on living underground once they’re out of office.
They have a hell of a lot more to fear than their citizens now as their behavior has opened a whole can of worms from the next level.
I truly believe that Northam is unbalanced mentally. He is displaying extremely paranoid behavior toward his constituents.
I agree they are making enemies all over the place.
Particularly one at 1600 W Pennsylvania Ave who is flexing his muscles. I bet Northam is crapping his pants tonight!
I hope so.
Virginia . ..the Center of Fascism in America . Who knew? I guess that their new theme is Virginia for Fascists .
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.