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Lehi City v. Rickabaugh, 2021 UT App 36 (Apr. 1, 2021)

Apr 1, 2021

A jury found the defendant guilty of electronic harassment based on a barrage of angry messages sent via Facebook.  The trial court rejected his challenge to the constitutionality of the electronic communications statute.  Affirming, the court of appeals held (a) Utah Code § 76-9-201(2)(b), which prohibits certain communications that insult, taunt, or challenge in a manner likely to provoke a violent or disorderly response, was not facially overbroad, and (b) the as-applied challenge failed where the defendant essentially repeated the facial challenge and failed to explain how the statute unconstitutionally applied to him.  The court also rejected defendant’s vagueness argument.