Bill Text: NY A03786 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to bullying and cyberbullying.
Spectrum: Moderate Partisan Bill (Republican 9-1)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A03786 Detail]
Download: New_York-2019-A03786-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3786 2019-2020 Regular Sessions IN ASSEMBLY January 31, 2019 ___________ Introduced by M. of A. McDONOUGH, GALEF, CROUCH, RAIA, RA, MORINELLO, BRABENEC, NORRIS -- Multi-Sponsored by -- M. of A. HAWLEY, M. L. MILL- ER -- 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. LBD01711-01-9