Directs the attorney general to establish a 2 year juvenile sexting and cyberbullying education demonstration program in not less than 3 counties as a diversionary program for persons under 16 who have engaged in cyberbullying or sexting, in lieu of juvenile delinquency or criminal proceedings.
STATE OF NEW YORK
________________________________________________________________________
8131
2011-2012 Regular Sessions
IN ASSEMBLY
June 2, 2011
___________
Introduced by M. of A. THIELE, MAISEL, McDONOUGH, MURRAY, RAIA, REILLY,
P. RIVERA, SCARBOROUGH, SPANO, TITONE -- Multi-Sponsored by -- M. of
A. ABBATE, CERETTO, CONTE, DUPREY, LOSQUADRO, SWEENEY -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to establishing a juve-
nile sexting and cyberbullying education demonstration program; and
providing for the repeal of certain provisions upon the expiration
thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 75 to
2 read as follows:
3 § 75. Sexting and cyberbullying education demonstration program. 1.
4 For the purposes of this section:
5 (a) "Sexting" means the creation, exhibition or distribution of a
6 photograph depicting nudity through the use of an electronic communi-
7 cation device, an interactive wireless communications device or a
8 computer, when the creator thereof and the subject of the photograph are
9 both under the age of sixteen years or were both under such age at the
10 time of its making.
11 (b) "Cyberbullying" means communication with intent to coerce, intim-
12 idate, harass or cause substantial emotional distress to a person, using
13 electronic means to support severe, repeated and hostile behavior.
14 (c) "Communication" means the electronic transmission between or among
15 points specified by a user of information of such user's choosing, with-
16 out change in the form or content of the information as sent and
17 received.
18 (d) "Electronic means" means any equipment dependent on electrical
19 power to access an information service, including email, instant messag-
20 ing, blogs, websites, telephones and text messages.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11384-03-1
A. 8131 2
1 2. The attorney general shall, in consultation and cooperation with
2 the office of court administration, establish and implement sexting and
3 cyberbullying education demonstration programs in not less than three
4 counties throughout the state. The purpose of such programs shall
5 provide an alternative to juvenile delinquency proceedings pursuant to
6 article three of the family court act and criminal proceedings against
7 any person under the age of sixteen years of age for commission of any
8 acts which constitute cyberbullying or sexting. Such programs may also
9 provide immunity from discipline pursuant to the code of conduct of any
10 authorizing school district relating to such acts.
11 3. In the establishment of the sexting and cyberbullying education
12 demonstration program, the attorney general shall consult with law
13 enforcement agencies, social services agencies and not-for-profit enti-
14 ties.
15 (a) The attorney general, in consultation with the office of court
16 administration, may establish through rules and regulations the appro-
17 priate hearing authority including, but not limited to, hearing officers
18 or court officers, ensuring all appropriate due process rights for juve-
19 niles participating in the program. The attorney general may reserve the
20 department of law as the sole agency responsible for determination of
21 juveniles eligible for admittance in the program.
22 (b) The attorney general may also establish by regulation punitive
23 components of the program including, but not limited to, community
24 service requirements and restrictions of driving privileges. None of
25 these components shall be included in a permanent criminal or delinquent
26 record of an eligible juvenile for the program.
27 4. Admission to the program would be limited to cases where:
28 (a) the juvenile has been found to have committed an act of cyberbul-
29 lying or sexting;
30 (b) the juvenile has not previously been adjudicated delinquent for or
31 convicted of a crime or offense deemed relevant by the attorney general;
32 (c) the juvenile was not aware that his or her actions could consti-
33 tute, and did not have the intent to commit, a criminal offense;
34 (d) there is a likelihood that the juvenile's offense is related to a
35 condition or situation that would be conducive to change through his or
36 her participation in the educational program; and
37 (e) the benefits to society in admitting the juvenile into this educa-
38 tional program outweigh the harm done to society by abandoning criminal
39 prosecution or any other punitive measures.
40 5. The program shall provide instruction to participating juveniles
41 on, but not limited to the following:
42 (a) the legal consequences of and penalties for sharing sexually
43 suggestive or explicit materials, and using electronic devices to harass
44 or menace another individual, including applicable federal and state
45 statutes;
46 (b) the non-legal consequences of sharing sexually suggestive or
47 explicit materials and cyberbullying including, but not limited to, the
48 effect on relationships, loss of educational and employment opportu-
49 nities, and being barred or removed from school programs and extracur-
50 ricular activities;
51 (c) how the unique characteristics of cyberspace and the internet,
52 including searchability, replicability and an infinite audience, can
53 produce long-term and unforeseen consequences for sharing sexually
54 suggestive, explicit or abusive materials; and
55 (d) the possible connection between bullying and cyberbullying and
56 juveniles sharing sexually suggestive or explicit materials.
A. 8131 3
1 6. The attorney general shall designate appropriate avenues of refer-
2 rals to the program, including reporting by individuals such as employ-
3 ees of school districts, parents, police officers, social workers,
4 mental health professionals, coaches, and juveniles.
5 7. The provisions of this section shall not be deemed to preclude the
6 commencement of any proceeding authorized by law or any other discipli-
7 nary process against any juvenile denied admission to the program estab-
8 lished pursuant to this section.
9 § 2. On or before February 1, 2014, the attorney general shall submit
10 a report to the governor and the legislature on the implementation of
11 the provisions of section 75 of the executive law, as added by section
12 one of this act, the various programs developed and operated pursuant
13 thereto, the effects of such programs on recidivism, prevention and
14 community awareness, and recommendations on possible implementation of
15 such programs on a statewide basis.
16 § 3. This act shall take effect January 1, 2012 and section one of
17 this act shall expire and be deemed repealed January 1, 2014. Provided,
18 that, effective immediately, any actions necessary to implement the
19 provisions of section 75 of the executive law, as added by section one
20 of this act, on its effective date are authorized and directed to be
21 completed on or before such date.
