Committee passes cyberstalking bill after debate on overlap with existing stalking laws

Senator Mulcahy presented a substitute to add cyberstalking provisions and to adjust sentencing in certain circumstances, including raising some violations to felonies where conduct occurs in violation of a protective order and results in bodily injury. Members questioned whether the draft duplicates existing stalking statutes and whether specific elements (frequency, timing, ‘actual knowledge’) simply recast current law.

Alan Nash (Commonwealth’s Attorney) and other supporters said the substituted language fills case-law gaps by clarifying factors judges can consider and by recognizing that electronic conduct can cause a reasonable fear of bodily harm. Nash added that some magistrates had previously refused protective remedies where harassment was principally electronic and not physically proximate.

Opponents and some committee members warned about duplication, potential overlap and confusion with existing statutes, and the risk of creating conflicting or redundant charges. After debate and limited amendments, the committee reported SB 673; the transcript records the committee report vote as "Your bill passes 12 to 3."