STATE OF NEW YORK
        ________________________________________________________________________

                                          3112

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced by M. of A. SAYEGH -- read once and referred to the Committee
          on Education

        AN  ACT to amend the education law, in relation to prohibiting cyberbul-
          lying

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Legislative intent.  The legislature finds that:
     2    a.  Bullying  is a long-standing problem among school-aged children in
     3  New York state and throughout the nation. With increasing  accessibility
     4  to  electronic  means  of communication, bullying has transformed from a
     5  predominantly school-based issue to a broader societal problem.
     6    b. Researchers have demonstrated that bullying  has  long-term  conse-
     7  quences.  Further, bullying goes beyond the classroom to bullying on the
     8  job, on athletic teams, on college campuses and the internet.
     9    c. Experts researching bullying  have  suggested  that  one  tool  for
    10  schools  to  use  in  combatting  bullying  is  to  maintain and enforce
    11  consistent policies against bullying and  harassment,  including  cyber-
    12  bullying.  Such  enforcement  is  not always possible if bullying occurs
    13  away from school or by a non-student.
    14    d. Perpetrators of cyberbullying are often more extreme in the threats
    15  and taunts they inflict on their victims, as they do  not  actually  see
    16  their victim's emotional reaction to the abuse and believe that they are
    17  anonymous. Victims of cyberbullying suffer very real and serious harm as
    18  a result of these incidents, often showing signs of depression, anxiety,
    19  social  isolation,  nervousness  when  interacting  with technology, low
    20  self-esteem and declining school performance.  In  some  cases,  victims
    21  attempt  or  commit suicide in part because of the cyberbullying they've
    22  endured.
    23    e. Enactment of this act  is  necessary  and  appropriate  to  further
    24  ensure  that  New  York  state's  public  schools are safe and free from
    25  cyberbullying.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05391-01-3
        A. 3112                             2

     1    § 2. The education law is amended by adding a new section 12-a to read
     2  as follows:
     3    § 12-a. Cyberbullying. 1. As used in this section, the following terms
     4  shall have the following meanings:
     5    a.  Minor shall mean any natural person or individual under the age of
     6  eighteen.
     7    b. Person shall mean any natural person or individual.
     8    2. Any person who knowingly engages in a repeated course of  cyberbul-
     9  lying of a minor shall be guilty of an unclassified misdemeanor punisha-
    10  ble  by  a fine of not more than one thousand dollars, or by a period of
    11  imprisonment not to exceed one year, or by both such fine and  imprison-
    12  ment.
    13    § 3. This act shall take effect immediately.