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Assembly Bill A5052

2017-2018 Legislative Session

Relates to bullying and cyberbullying

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Archive: Last Bill Status - In Assembly Committee

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2017-A5052 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §270.40, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9850
2015-2016: A2146
2019-2020: A3786

2017-A5052 (ACTIVE) - Summary

Relates to bullying and cyberbullying.

2017-A5052 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5052
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to bullying and cyberbullying
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The penal law is amended by adding a new section 270.40 to
 read as follows:
 § 270.40 BULLYING AND CYBERBULLYING.
   1. A PERSON IS GUILTY OF BULLYING WHEN HE OR  SHE  ENGAGES  A  WILLFUL
 COURSE OF CONDUCT WHICH INVOLVES HARASSMENT OF A PERSON BETWEEN THE AGES
 OF FIVE AND TWENTY-FIVE.
   2.  A  PERSON  IS  GUILTY  OF  CYBERBULLYING WHEN HE OR SHE ENGAGES IN
 BULLYING AND HARASSMENT OF A PERSON WHO IS BETWEEN THE AGES OF FIVE  AND
 TWENTY-FIVE USING AN ELECTRONIC COMMUNICATION DEVICE.
   3. IT SHALL BE UNLAWFUL FOR ANY PERSON TO ENGAGE IN BULLYING OR CYBER-
 BULLYING  OF  A PERSON OR INDUCE ANOTHER PERSON TO ENGAGE IN SUCH BULLY-
 ING. IT SHALL BE UNLAWFUL FOR ANY PERSON TO RETALIATE AGAINST ANY PERSON
 THAT REPORTS ANY CONDUCT PROHIBITED BY THIS SECTION.
   4. ANY PERSON WHO IS EIGHTEEN YEARS OR OLDER OR AN  EMANCIPATED  MINOR
 WHO  VIOLATES  THIS  SECTION  SHALL  BE  GUILTY OF A MISDEMEANOR, UNLESS
 CHARGED AS A VIOLATION, AT THE DISCRETION OF THE ENFORCING OFFICER.
   5. ANY UNEMANCIPATED PERSON UNDER THE AGE  OF  EIGHTEEN  WHO  VIOLATES
 THIS SECTION SHALL:
   (A)  BE  GUILTY OF A VIOLATION, PUNISHABLE BY A FINE NOT EXCEEDING ONE
 HUNDRED DOLLARS,
   (B) BE GUILTY OF A VIOLATION, PUNISHABLE BY A FINE NOT  EXCEEDING  TWO
 HUNDRED DOLLARS ON THEIR SECOND OFFENSE, OR
   (C) BE GUILTY OF A MISDEMEANOR FOR EACH ADDITIONAL OFFENSE.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09444-01-7

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