As used in this chapter, the following terms shall have the
meanings indicated:
ELECTRONIC TRANSMISSION or ELECTRONICALLY TRANSMITS
The transmission, dissemination, or posting of information
via the use of a computer online service, Internet service provider,
smartphone, tablet, wireless device or any other similar electronic
means that is viewable by multiple persons through, at, by, on or
in a local bulletin board service, an Internet chat room, a group
electronic mail or text, a social media, networking or messaging site,
a web page, a blog, a video-sharing site, an electronic messaging
platform, or other similar types of electronic platforms.
MINOR
Any natural person or individual under the age of 18.
PERSON
Any natural person or individual.
A person is guilty of cyberbullying of a minor when, with the
intent to harass, abuse, intimidate, torment, or otherwise inflict
emotional harm on a minor, the actor electronically transmits, anonymously
or otherwise:
A. Information about such minor which has no legitimate communicative
purpose and the actor knows or reasonably should know that the electronic
transmission of the information will cause harm to the minor's
reputation or the minor's relationships with the minor's
parents, family members, friends, peers, employers, and school administrators
and faculty; or
B. Private sexual information about the minor; or
C. A photograph or a video, whether real or altered, that depicts any
uncovered portion of the breasts, buttocks, or genitals of the minor
and said photograph or video has no legitimate communicative purpose;
or
D. False sexual information about the minor; or
E. Information that has no legitimate communicative purpose by appropriating
the minor's name, likeness, e-mail accounts, websites, or blogs
for the purpose of harassing such minor or other minors.
This chapter shall apply to all actions occurring 90 days after
the effective date of this chapter.
If any provision of this chapter or its application to any person
or circumstance is held invalid, the invalidity does not affect other
provisions or applications of this chapter which can be given effect
without the invalid provision or application, and to this end the
provisions of this article are severable. A court determining severability
is expressly authorized to sever any provision or application of this
chapter on any basis not inconsistent with the Constitution of this
state or of the United States.
Any citizen of Ulster County who reasonably believes his conduct
may be proscribed and punished by this statute may commence a special
proceeding in Ulster County Supreme Court seeking a declaration that
this law violates the First Amendment of the United States Constitution
under New York State Civil Practice Law and Rules § 3001,
provided: 1) such action is commenced and written notice thereof is
sent to the Ulster County Clerk, the Clerk of the Ulster County Legislature,
the Ulster County Executive and the Ulster County Attorney within
60 days of the effective date of this chapter; 2) such an action is
commenced before a criminal action is initiated; and 3) such an action
involves only the question of law referenced above and involves no
questions of fact.
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
the County of Ulster. 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.
On or before April 30 of each year, the Ulster County District
Attorney's Office and the County Attorney shall submit an annual
report to the Ulster County Legislature regarding matters charged
in the previous year pursuant to this chapter. Such report shall include
the number of cases charged under this chapter, the age of each offender,
the charge for the offense, and the disposition of the matter. The
report shall not include any information so as to identify any defendant/respondent
or victim. The report may include any recommendations that the District
Attorney and/or the County Attorney may have.