[HISTORY: Adopted by the Legislature of the County of Monroe 6-12-2012 by L.L. No.
2-2012. Amendments noted where applicable.]
This chapter shall be known as the law "Prohibiting Cyberbullying
in Monroe County."
The Legislature finds that:
A.Â
Bullying is a long-standing problem among school-aged children in
Monroe County and throughout the nation. With increasing accessibility
to electronic means of communication, bullying has transformed from
a predominately school-based issue into a broader societal problem.
B.Â
Recent studies indicated cyberbullying affects about one in five
students today.
C.Â
A bullied child can no longer count on respite from attacks upon
returning home from school. Cyberbullying can be a twenty-four-hour,
seven-day-a-week problem.
D.Â
Several states have enacted laws criminalizing cyberbullying. To
date, the New York State Legislature has failed to take action on
this problem. Monroe County should not wait for New York State to
act and should implement legislation to discourage and prevent cyberbullying
from occurring.
The purpose of this chapter is to ban cyberbullying against
minors in Monroe County.
As used in this chapter:
The interconnection of hardware or wireless communication
lines with a computer through remote terminals, or a complex consisting
of two or more interconnected computers.
The County of Monroe, New York.
With intent to harass, annoy, threaten, or place another
in fear of personal injury, engaging in a course of conduct or repeatedly
committing acts of abusive behavior over a period of time by communication
or causing a communication to be sent by mechanical or electronic
means, posting statements or images on the Internet, through a computer
network, or via cell or smart phone. Acts of abusive behavior shall
include, but not be limited to: taunting; threating; intimidating;
insulting; tormenting; humiliating; disseminating sexually explicit
photographs, either actual or modified, of a minor; disseminating
the private, personal or sexual information, either factual or false,
of a minor without lawful authority.
Any natural person or individual under the age of 18.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business organization of any kind.
It shall be unlawful for a person to engage in cyberbullying
against any minor in Monroe County.
Any person violating the provisions of this chapter shall be
guilty of a misdemeanor, and upon conviction thereof, shall be punished
by a fine not exceeding $1,000 per offense and/or up to one year's
imprisonment.
If any clause, sentence, paragraph, section or article of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such determination shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or article thereof directly involved
in the proceeding in which such adjudication shall have been rendered.
This chapter shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
chapter or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
Monroe County. The County Legislature may determine via mere resolution
whether or not identical or substantially similar statewide legislation
has been enacted for the purposes of triggering the provisions of
this section.
