708-893 Use of a computer in the commission of a separate crime. (1) A person commits the offense of use of a computer in the commission of a separate crime if the person:

(a) Intentionally uses a computer to obtain control over the property of the victim to commit theft in the first or second degree; or

(b) Knowingly uses a computer to identify, select, solicit, persuade, coerce, entice, induce, procure, pursue, surveil, contact, harass, annoy, or alarm the victim or intended victim of the following offenses:

(i) Section 707-726, relating to custodial interference in the first degree;

(ii) Section 707-727, relating to custodial interference in the second degree;

(iii) Section 707-731, relating to sexual assault in the second degree;

(iv) Section 707-732, relating to sexual assault in the third degree;

(v) Section 707-733, relating to sexual assault in the fourth degree;

(vi) Section 707-751, relating to promoting child abuse in the second degree;

(vii) Section 711-1106, relating to harassment;

(viii) Section 711-1106.5, relating to harassment by stalking; or

(ix) Section 712-1215, relating to promoting pornography for minors.

(2) Use of a computer in the commission of a separate crime is an offense one class or grade, as the case may be, greater than the offense facilitated. Notwithstanding any other law to the contrary, a conviction under this section shall not merge with a conviction for the separate crime. [L 2001, c 33, pt of 1; am L 2006, c 141, 1; am L 2012, c 192, 1]

 

Note

 

The 2012 amendment is not intended to interfere with First Amendment rights of free speech and expression of any person affected. L 2012, c 192, 3.

 

 

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