North Carolina § 14-458 - 1. Cyber-bullying; penalty.

§ 14-458. 1. Cyber-bullying; penalty.

Except as otherwise made unlawful by this Article, it shall be unlawful for any person to use a computer or computer network to do any of the following: With the intent to intimidate or torment a minor: Build a fake profile or Web site; Pose as a minor in: An Internet chat room; An electronic mail message; or An instant message; Follow a minor online or into an Internet chat room; or Post or encourage others to post on the Internet private, personal, or sexual information pertaining to a minor. With the intent to intimidate or torment a minor or the minor's parent or guardian: Post a real or doctored image of a minor on the Internet; Access, alter, or erase any computer network, computer data, computer program, or computer software, including breaking into a password protected account or stealing or otherwise accessing passwords; or Use a computer system for repeated, continuing, or sustained electronic communications, including electronic mail or other transmissions, to a minor. Make any statement, whether true or false, intending to immediately provoke, and that is likely to provoke, any third party to stalk or harass a minor. Copy and disseminate, or cause to be made, an unauthorized copy of any data pertaining to a minor for the purpose of intimidating or tormenting that minor (in any form, including, but not limited to, any printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network). Sign up a minor for a pornographic Internet site with the intent to intimidate or torment the minor. Without authorization of the minor or the minor's parent or guardian, sign up a minor for electronic mailing lists or to receive junk electronic messages and instant messages, with the intent to intimidate or torment the minor. Any person who violates this section shall be guilty of cyber-bullying, which offense shall be punishable as a Class 1 misdemeanor if the defendant is 18 years of age or older at the time the offense is committed. If the defendant is under the age of 18 at the time the offense is committed, the offense shall be punishable as a Class 2 misdemeanor. Whenever any person pleads guilty to or is guilty of an offense under this section, and the offense was committed before the person attained the age of 18 years, the court may, without entering a judgment of guilt and with the consent of the defendant, defer further proceedings and place the defendant on probation upon such reasonable terms and conditions as the court may require. Upon fulfillment of the terms and conditions of the probation provided for in this subsection, the court shall discharge the defendant and dismiss the proceedings against the defendant. Discharge and dismissal under this subsection shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Upon discharge and dismissal pursuant to this subsection, the person may apply for an order to expunge the complete record of the proceedings resulting in the dismissal and discharge, pursuant to the procedures and requirements set forth in G.S. 15A-146. History (2009-551, s. 1; 2012-149, s. 3.) Editor's Note. - Session Laws 2012-149 provides in its preamble: "Whereas, the General Assembly of North Carolina finds that a safe and civil environment in school is necessary in order for students to learn and achieve high academic standards; and "Whereas, bullying and harassment, like other disruptive or violent behaviors, disrupt both a student's ability to learn and a school's ability to educate its students in a safe environment; and "Whereas, bullying and harassing behaviors create a climate that fosters violence in our schools; and "Whereas, it is essential to enact a law that seeks to protect the health and welfare of North Carolina students and improve the learning environment for North Carolina students; and "Whereas, to do so, State and national data and anecdotal evidence have established the need to identify the most vulnerable targets and potential victims of bullying and harassment; and "Whereas, the sole purpose of this law is to protect all children from bullying and harassment, and no other legislative purpose is intended nor should any other intent be construed from passage of this law; Now, therefore," Session Laws 2012-149, s. 12, made the amendments to this section by Session Laws 2012-149, s. 3 applicable to offenses committed on or after December 1, 2012. Effect of Amendments. - Session Laws 2012-149, s. 3, effective December 1, 2012, rewrote subdivision (a)(3), at the end of subdivision (a)(5), added "with the intent to intimidate or torment the minor", and in subdivision (a)(6) substituted "with the intent to intimidate or torment the minor" for "resulting in intimidation or torment of the minor." For applicability, see editor's note. Legal Periodicals. - For article, "How Public Schools Can Constitutionally Halt Cyberbullying: A Model Cyberbullying Policy that Considers First Amendment, Due Process, and Fourth Amendment Challenges," see 46 Wake Forest L. Rev. 641 (2011). For article, "Testing the Social Media Waters: First Amendment Entanglement Beyond the Schoolhouse Gates," see 36 Campbell L. Rev. 1 (2013). For comment, "The Shadow in the Comments Section: Revealing Anonymous Online Users in the Social Media Age,” see 41 Campbell L. Rev. 225 (2019).