 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5052
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:

     1    Section  1. The penal law is amended by adding a new section 270.40 to
     2  read as follows:
     3  § 270.40 Bullying and Cyberbullying.
     4    1. A person is guilty of bullying when he or  she  engages  a  willful
     5  course of conduct which involves harassment of a person between the ages
     6  of five and twenty-five.
     7    2.  A  person  is  guilty  of  cyberbullying when he or she engages in
     8  bullying and harassment of a person who is between the ages of five  and
     9  twenty-five using an electronic communication device.
    10    3. It shall be unlawful for any person to engage in bullying or cyber-
    11  bullying  of  a person or induce another person to engage in such bully-
    12  ing. It shall be unlawful for any person to retaliate against any person
    13  that reports any conduct prohibited by this section.
    14    4. Any person who is eighteen years or older or an  emancipated  minor
    15  who  violates  this  section  shall  be  guilty of a misdemeanor, unless
    16  charged as a violation, at the discretion of the enforcing officer.
    17    5. Any unemancipated person under the age  of  eighteen  who  violates
    18  this section shall:
    19    (a)  be  guilty of a violation, punishable by a fine not exceeding one
    20  hundred dollars,
    21    (b) be guilty of a violation, punishable by a fine not  exceeding  two
    22  hundred dollars on their second offense, or
    23    (c) be guilty of a misdemeanor for each additional offense.
    24    § 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
Relates to bullying and cyberbullying

What's Happening

Why It Matters
