[HISTORY: Adopted by the County Legislature of the County
of Ulster 3-22-2017 by L.L. No.
3-2017. Amendments noted where applicable.]
A.
In the many ways that bullying is done, perpetrators of cyberbullying
are often more extreme in the threats and taunts they inflict on their
victims than perpetrators of other forms of bullying. Perpetrators
of cyberbullying do not actually see their victims' emotional
reaction to the information that is sent out over the Internet. Cyberbullying
is often done anonymously.
B.
Cyberbullying follows its victims everywhere they go and can occur
at any time of the day or night because cyberbullying is perpetrated
online or through text or picture messages on cellular phones and
other handheld devices. Technology has allowed this emotional violence
to attack our children at any time, whether at school or at home.
Oftentimes these attacks can originate outside the jurisdiction of
the school and/or may be beyond a school's resources.
C.
The Ulster County Legislature recognizes that bullying among children
has been a long-standing problem throughout the country.
D.
This Legislature hereby finds that with the advent of technology,
bullying has transformed from a predominantly school-based issue into
a broader societal problem.
E.
This Legislature hereby finds that victims of cyberbullying suffer
very real and serious harm as a result of these incidents. Victims
of cyberbullying often suffer from depression, anxiety, social isolation,
nervousness when interacting with technology, and low self-esteem,
all of which can directly affect the child's performance in and
out of school. In some cases, victims attempt to commit suicide or
commit suicide in whole or in part because of the cyberbullying they
have endured.
F.
The Ulster County Legislature finds that cyberbullying is occurring
in Ulster County. Therefore, the County must take affirmative action
to protect the children of Ulster County from unwanted harassment,
threats, abuse, intimidation, and harm to themselves, their reputation,
and their relationships with friends, family members, peers, teachers,
principals and employers.
G.
To stop cyberbullying and provide for the protection, safety, well-being,
and healthy development of the children of Ulster County, the Legislature
determines that it is necessary to proscribe certain expressions of
speech by technological means through the enactment of a narrowly
tailored local law that prohibits the cyberbullying of persons under
the age of 18 who are in Ulster County.
H.
Municipal Home Rule Law § 10, Subdivision 1a(12), allows
a county to enact a local law for the protection, safety, health,
and well-being of a county's residents.
I.
This Legislature hereby finds that the County of Ulster has an interest
in providing options to law enforcement which serve to rehabilitate
juveniles who have engaged in cyberbullying. These options should
include diversion services and community services. These services
can assess why the juvenile is committing such acts and divert him
or her from committing similar acts in the future while considering
the best interest of said juvenile.
J.
The purpose of this chapter is to curtail or eliminate cyberbullying
of children in Ulster County and to promote civility during Internet
usage.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
Any natural person or individual under the age of 18.
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.
A.
Any person under the age of 16 who knowingly violates the provisions
of this chapter shall be adjudicated a juvenile delinquent pursuant
to Article 3 of the Family Court Act.
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.
