S T A T E O F N E W Y O R K
________________________________________________________________________
8131
2011-2012 Regular Sessions
I N A S S E M B L Y
June 2, 2011
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Introduced by M. of A. THIELE, MAISEL, McDONOUGH, MURRAY, RAIA, REILLY,
P. RIVERA, SCARBOROUGH, SPANO, TITONE -- Multi-Sponsored by -- M. of
A. ABBATE, CERETTO, CONTE, DUPREY, LOSQUADRO, SWEENEY -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to establishing a juve-
nile sexting and cyberbullying education demonstration program; and
providing for the repeal of certain provisions upon the expiration
thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 75 to
read as follows:
S 75. SEXTING AND CYBERBULLYING EDUCATION DEMONSTRATION PROGRAM. 1.
FOR THE PURPOSES OF THIS SECTION:
(A) "SEXTING" MEANS THE CREATION, EXHIBITION OR DISTRIBUTION OF A
PHOTOGRAPH DEPICTING NUDITY THROUGH THE USE OF AN ELECTRONIC COMMUNI-
CATION DEVICE, AN INTERACTIVE WIRELESS COMMUNICATIONS DEVICE OR A
COMPUTER, WHEN THE CREATOR THEREOF AND THE SUBJECT OF THE PHOTOGRAPH ARE
BOTH UNDER THE AGE OF SIXTEEN YEARS OR WERE BOTH UNDER SUCH AGE AT THE
TIME OF ITS MAKING.
(B) "CYBERBULLYING" MEANS COMMUNICATION WITH INTENT TO COERCE, INTIM-
IDATE, HARASS OR CAUSE SUBSTANTIAL EMOTIONAL DISTRESS TO A PERSON, USING
ELECTRONIC MEANS TO SUPPORT SEVERE, REPEATED AND HOSTILE BEHAVIOR.
(C) "COMMUNICATION" MEANS THE ELECTRONIC TRANSMISSION BETWEEN OR AMONG
POINTS SPECIFIED BY A USER OF INFORMATION OF SUCH USER'S CHOOSING, WITH-
OUT CHANGE IN THE FORM OR CONTENT OF THE INFORMATION AS SENT AND
RECEIVED.
(D) "ELECTRONIC MEANS" MEANS ANY EQUIPMENT DEPENDENT ON ELECTRICAL
POWER TO ACCESS AN INFORMATION SERVICE, INCLUDING EMAIL, INSTANT MESSAG-
ING, BLOGS, WEBSITES, TELEPHONES AND TEXT MESSAGES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11384-03-1
A. 8131 2
2. THE ATTORNEY GENERAL SHALL, IN CONSULTATION AND COOPERATION WITH
THE OFFICE OF COURT ADMINISTRATION, ESTABLISH AND IMPLEMENT SEXTING AND
CYBERBULLYING EDUCATION DEMONSTRATION PROGRAMS IN NOT LESS THAN THREE
COUNTIES THROUGHOUT THE STATE. THE PURPOSE OF SUCH PROGRAMS SHALL
PROVIDE AN ALTERNATIVE TO JUVENILE DELINQUENCY PROCEEDINGS PURSUANT TO
ARTICLE THREE OF THE FAMILY COURT ACT AND CRIMINAL PROCEEDINGS AGAINST
ANY PERSON UNDER THE AGE OF SIXTEEN YEARS OF AGE FOR COMMISSION OF ANY
ACTS WHICH CONSTITUTE CYBERBULLYING OR SEXTING. SUCH PROGRAMS MAY ALSO
PROVIDE IMMUNITY FROM DISCIPLINE PURSUANT TO THE CODE OF CONDUCT OF ANY
AUTHORIZING SCHOOL DISTRICT RELATING TO SUCH ACTS.
3. IN THE ESTABLISHMENT OF THE SEXTING AND CYBERBULLYING EDUCATION
DEMONSTRATION PROGRAM, THE ATTORNEY GENERAL SHALL CONSULT WITH LAW
ENFORCEMENT AGENCIES, SOCIAL SERVICES AGENCIES AND NOT-FOR-PROFIT ENTI-
TIES.
(A) THE ATTORNEY GENERAL, IN CONSULTATION WITH THE OFFICE OF COURT
ADMINISTRATION, MAY ESTABLISH THROUGH RULES AND REGULATIONS THE APPRO-
PRIATE HEARING AUTHORITY INCLUDING, BUT NOT LIMITED TO, HEARING OFFICERS
OR COURT OFFICERS, ENSURING ALL APPROPRIATE DUE PROCESS RIGHTS FOR JUVE-
NILES PARTICIPATING IN THE PROGRAM. THE ATTORNEY GENERAL MAY RESERVE THE
DEPARTMENT OF LAW AS THE SOLE AGENCY RESPONSIBLE FOR DETERMINATION OF
JUVENILES ELIGIBLE FOR ADMITTANCE IN THE PROGRAM.
(B) THE ATTORNEY GENERAL MAY ALSO ESTABLISH BY REGULATION PUNITIVE
COMPONENTS OF THE PROGRAM INCLUDING, BUT NOT LIMITED TO, COMMUNITY
SERVICE REQUIREMENTS AND RESTRICTIONS OF DRIVING PRIVILEGES. NONE OF
THESE COMPONENTS SHALL BE INCLUDED IN A PERMANENT CRIMINAL OR DELINQUENT
RECORD OF AN ELIGIBLE JUVENILE FOR THE PROGRAM.
4. ADMISSION TO THE PROGRAM WOULD BE LIMITED TO CASES WHERE:
(A) THE JUVENILE HAS BEEN FOUND TO HAVE COMMITTED AN ACT OF CYBERBUL-
LYING OR SEXTING;
(B) THE JUVENILE HAS NOT PREVIOUSLY BEEN ADJUDICATED DELINQUENT FOR OR
CONVICTED OF A CRIME OR OFFENSE DEEMED RELEVANT BY THE ATTORNEY GENERAL;
(C) THE JUVENILE WAS NOT AWARE THAT HIS OR HER ACTIONS COULD CONSTI-
TUTE, AND DID NOT HAVE THE INTENT TO COMMIT, A CRIMINAL OFFENSE;
(D) THERE IS A LIKELIHOOD THAT THE JUVENILE'S OFFENSE IS RELATED TO A
CONDITION OR SITUATION THAT WOULD BE CONDUCIVE TO CHANGE THROUGH HIS OR
HER PARTICIPATION IN THE EDUCATIONAL PROGRAM; AND
(E) THE BENEFITS TO SOCIETY IN ADMITTING THE JUVENILE INTO THIS EDUCA-
TIONAL PROGRAM OUTWEIGH THE HARM DONE TO SOCIETY BY ABANDONING CRIMINAL
PROSECUTION OR ANY OTHER PUNITIVE MEASURES.
5. THE PROGRAM SHALL PROVIDE INSTRUCTION TO PARTICIPATING JUVENILES
ON, BUT NOT LIMITED TO THE FOLLOWING:
(A) THE LEGAL CONSEQUENCES OF AND PENALTIES FOR SHARING SEXUALLY
SUGGESTIVE OR EXPLICIT MATERIALS, AND USING ELECTRONIC DEVICES TO HARASS
OR MENACE ANOTHER INDIVIDUAL, INCLUDING APPLICABLE FEDERAL AND STATE
STATUTES;
(B) THE NON-LEGAL CONSEQUENCES OF SHARING SEXUALLY SUGGESTIVE OR
EXPLICIT MATERIALS AND CYBERBULLYING INCLUDING, BUT NOT LIMITED TO, THE
EFFECT ON RELATIONSHIPS, LOSS OF EDUCATIONAL AND EMPLOYMENT OPPORTU-
NITIES, AND BEING BARRED OR REMOVED FROM SCHOOL PROGRAMS AND EXTRACUR-
RICULAR ACTIVITIES;
(C) HOW THE UNIQUE CHARACTERISTICS OF CYBERSPACE AND THE INTERNET,
INCLUDING SEARCHABILITY, REPLICABILITY AND AN INFINITE AUDIENCE, CAN
PRODUCE LONG-TERM AND UNFORESEEN CONSEQUENCES FOR SHARING SEXUALLY
SUGGESTIVE, EXPLICIT OR ABUSIVE MATERIALS; AND
(D) THE POSSIBLE CONNECTION BETWEEN BULLYING AND CYBERBULLYING AND
JUVENILES SHARING SEXUALLY SUGGESTIVE OR EXPLICIT MATERIALS.
A. 8131 3
6. THE ATTORNEY GENERAL SHALL DESIGNATE APPROPRIATE AVENUES OF REFER-
RALS TO THE PROGRAM, INCLUDING REPORTING BY INDIVIDUALS SUCH AS EMPLOY-
EES OF SCHOOL DISTRICTS, PARENTS, POLICE OFFICERS, SOCIAL WORKERS,
MENTAL HEALTH PROFESSIONALS, COACHES, AND JUVENILES.
7. THE PROVISIONS OF THIS SECTION SHALL NOT BE DEEMED TO PRECLUDE THE
COMMENCEMENT OF ANY PROCEEDING AUTHORIZED BY LAW OR ANY OTHER DISCIPLI-
NARY PROCESS AGAINST ANY JUVENILE DENIED ADMISSION TO THE PROGRAM ESTAB-
LISHED PURSUANT TO THIS SECTION.
S 2. On or before February 1, 2014, the attorney general shall submit
a report to the governor and the legislature on the implementation of
the provisions of section 75 of the executive law, as added by section
one of this act, the various programs developed and operated pursuant
thereto, the effects of such programs on recidivism, prevention and
community awareness, and recommendations on possible implementation of
such programs on a statewide basis.
S 3. This act shall take effect January 1, 2012 and section one of
this act shall expire and be deemed repealed January 1, 2014. Provided,
that, effective immediately, any actions necessary to implement the
provisions of section 75 of the executive law, as added by section one
of this act, on its effective date are authorized and directed to be
completed on or before such date.