Assembly Bill A8088

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8088
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2017
                                ___________
 
 Introduced by M. of A. GJONAJ -- read once and referred to the Committee
   on Education
 
 AN  ACT to amend the education law, in relation to prohibiting cyberbul-
   lying
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative intent.  The legislature finds that:
   a.  Bullying  is a long-standing problem among school-aged children in
 New York state and throughout the nation. With increasing  accessibility
 to  electronic  means  of communication, bullying has transformed from a
 predominantly school-based issue to a broader societal problem.
   b. Researchers have demonstrated that bullying  has  long-term  conse-
 quences.  Further, bullying goes beyond the classroom to bullying on the
 job, on athletic teams, on college campuses and the internet.
   c. Experts researching bullying  have  suggested  that  one  tool  for
 schools  to  use  in  combatting  bullying  is  to  maintain and enforce
 consistent policies against bullying and  harassment,  including  cyber-
 bullying.  Such  enforcement  is  not always possible if bullying occurs
 away from school or by a non-student.
   d. Perpetrators of cyberbullying are often more extreme in the threats
 and taunts they inflict on their victims, as they do  not  actually  see
 their victim's emotional reaction to the abuse and believe that they are
 anonymous. Victims of cyberbullying suffer very real and serious harm as
 a result of these incidents, often showing signs of depression, anxiety,
 social  isolation,  nervousness  when  interacting  with technology, low
 self-esteem and declining school performance.  In  some  cases,  victims
 attempt  or  commit suicide in part because of the cyberbullying they've
 endured.
   e. Enactment of this act  is  necessary  and  appropriate  to  further
 ensure  that  New  York  state's  public  schools are safe and free from
 cyberbullying.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06130-04-7

 A. 8088                             2
 
   § 2. The education law is amended by adding a new section 12-a to read
 as follows:
   § 12-A. CYBERBULLYING. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   A.  MINOR SHALL MEAN ANY NATURAL PERSON OR INDIVIDUAL UNDER THE AGE OF
 EIGHTEEN.
   B. PERSON SHALL MEAN ANY NATURAL PERSON OR INDIVIDUAL.
   2. ANY PERSON WHO KNOWINGLY ENGAGES IN A REPEATED COURSE OF  CYBERBUL-
 LYING OF A MINOR SHALL BE GUILTY OF AN UNCLASSIFIED MISDEMEANOR PUNISHA-
 BLE  BY  A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY A PERIOD OF
 IMPRISONMENT NOT TO EXCEED ONE YEAR, OR BY BOTH SUCH FINE AND  IMPRISON-
 MENT.
   § 3. This act shall take effect immediately.