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S4302Senate2019-2020 Session

Ban Cyberbullying of Minors

Official title

“Prohibits cyber-bullying”

Sponsor Michael H. RanzenhoferSD-61+6 co-sponsorsAffects Education
Status
In Senate Committee
Education
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Education

What's happening

This bill makes repeated cyberbullying of minors a misdemeanor in New York, punishable by fines and/or up to one year in jail.

Why it matters

  1. Establishes clear legal accountability. for adults or minors who repeatedly cyberbully minors, filling a gap where schools or parents previously had limited recourse if bullying happened outside school or by non-students.

  2. Targets the serious, ongoing nature of online abuse. by specifically requiring a "repeated course" of cyberbullying, aiming to address patterns of harassment rather than isolated incidents.

  3. Seeks to deter harmful online behavior. by imposing meaningful consequences (jail time, fines, or both), signaling to potential offenders and the community that cyberbullying minors is a serious offense with criminal penalties.

  4. Responds to research linking cyberbullying to severe outcomes. like depression, anxiety, and youth suicide, positioning the law as a tool to protect the mental health and safety of young people in New York.

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Who cares

Headline styles

Ban Cyberbullying of Minors

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Referred to education
  2. Referred to education

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4302

2019-2020 Regular Sessions

IN SENATE

March 7, 2019

Introduced by Sens. RANZENHOFER, ADDABBO, CARLUCCI, FUNKE, O'MARA, RITCHIE, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to prohibiting cyberbullying

The People of the State of New York, represented in Senate and Assembly, 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 consequences. 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 cyberbullying. 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.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01607-01-9

S. 4302 2

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.

§ 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 cyberbullying of a minor shall be guilty of an unclassified misdemeanor punishable 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 imprisonment.

§ 3. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the education law, in relation to prohibiting cyberbullying

SUMMARY OF SPECIFIC PROVISIONS::

Section 1 - Provides that it is the Legislature's intent to continue to ensure that New York State's public schools are safe and free from cyberbullying.

Section 2 - The Education Law is amended by adding a new section 12-a which provides that a person who engages in a repeated course of cyber- bullying of a minor shall be guilty of an unclassified misdemeanor punishable by up to a year in prison, a 1,000 fine or both.

Section 3 - Establishes effective date.

JUSTIFICATION::

Bullying is a long-standing problem among school-aged children. With increasing ccessibility to electronic means of communication, bullying has transformed from a predominantly school-based issue to a broader societal problem. Bullying now goes beyond the classroom to bullying on the job, on athletic teams and through the Internet. One way to combat cyber-bullying is to maintain and enforce consistent policies against bu llying and harassment, including cyber-bullying.

PRIOR LEGISLATIVE HISTORY::

2012 - S.6614-A/A.10176-A - PASSED SENATE/Education 2013-14 - S.2011 - PASSED SENATE 2015-16 - S.865 - PASSED SENATE 2017-18 - S.2318/A.9741 - PASSED SENATE/Education in '18

FISCAL IMPLICATIONS::

None

EFFECTIVE DATE::

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.