[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of local laws amending these provisions are included at the
end of this chapter.]
GENERAL REFERENCES
Human rights — See Ch. 528.
[Adopted 6-22-2010 by L.L. No. 36-2010 (Ch. 327B, Art. I,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that bullying is a long-standing
problem among school-aged children in Suffolk County and throughout
the nation.
B.
This Legislature also finds and determines that, with the advent
of technology, bullying has transformed from a predominantly school-based
issue into a broader societal problem.
C.
This Legislature further finds and determines that cyberbullying,
which consists of repeated nonphysical bullying behaviors transmitted
by electronic means, is the newest form of harassment.
D.
This Legislature finds that cyberbullying is rampant: 42% of children
in the fourth through eighth grades surveyed in a recent poll reported
being bullied online.
E.
This Legislature determines that cyberbullying follows its victims
everywhere they go, can occur as frequently as the aggressor desires,
and can take place at any time of the day or night, as it is perpetrated
online and/or through text and picture messages on cellular phones
and handheld devices.
F.
This Legislature also finds that 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 they are anonymous.
G.
This Legislature further finds that 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.
H.
This Legislature also determines that, in some cases, victims attempt
or commit suicide in part because of the cyberbullying they have endured.
I.
This Legislature further determines that several states have enacted
laws criminalizing cyberbullying, but, to date, the New York State
Legislature has failed to address this problem.
J.
This Legislature finds that Suffolk County should do everything in
its power to protect its school-aged residents from such reprehensible
behavior.
K.
Therefore, the purpose of this article is to ban the cyberbullying
of minors in the County of Suffolk.
As used in this article, the following terms shall have the
meanings indicated:
Engaging in a course of conduct or repeatedly committing
acts of abusive behavior over a period of time, with the intent to
coerce, intimidate, harass or cause substantial emotional distress
to a person, and which serve no legitimate purpose, by communicating
or causing a communication to be sent by mechanical or electronic
means, posting statements on the Internet or through a computer network.
Acts of abusive behavior shall include, but not be limited to: taunting;
threatening; intimidating; insulting; tormenting; humiliating; disseminating
embarrassing or sexually explicit photographs, either actual or modified,
of a minor; disseminating the private, personal or sexual information,
either factual or false, of a minor; or sending hate mail.
Any natural person or individual under the age of 19.
Any natural person or individual.
No person shall engage in cyberbullying against a minor in the
County of Suffolk.
Any person who knowingly violates the provisions of this article
shall be guilty of an unclassified misdemeanor punishable by a fine
of up to $1,000 and/or up to one year's imprisonment.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall be null and void on the day that statewide
or federal legislation goes into effect incorporating either the same
or substantially similar provisions as are contained in this article
or in the event that a pertinent state or federal administrative agency
issues and promulgates regulations preempting such action by the County
of Suffolk. The County Legislature may determine via mere resolution
whether or not identical or substantially similar statewide legislation
has been enacted for the purposes of triggering the provisions of
this section.
[Adopted 6-22-2010 by L.L. No. 37-2010 (Ch. 327B, Art. II,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that stalking and harassment
are serious crimes that frequently put victims in fear for their physical
safety.
B.
This Legislature also finds and determines that, traditionally, crimes
of stalking and harassment are committed through the mail, on telephones
or in close physical proximity to the victim.
C.
This Legislature further finds and determines that, due to advances
in technology, stalking and harassment are increasingly occurring
through the use of the Internet and perpetrators can obtain increased
information regarding the whereabouts and activities of their victims
at any given moment.
D.
This Legislature finds that online stalking and harassment behaviors,
now known as "cyberstalking," are repeated acts of nonphysical harassment
against adults which are transmitted by electronic means.
E.
This Legislature also finds that cyberstalking can occur at any time,
anywhere and can be perpetrated by individuals far away from the physical
location of their victims, as it is perpetrated online and/or through
text and picture messages on cellular phones and handheld devices.
F.
This Legislature determines that cyberstalking has been shown to
cause significant psychological trauma to victims.
G.
This Legislature also finds that cyberstalking behavior frequently
escalates into off-line stalking and harassment, with victims frequently
enduring harassing and repeated phone calls, threats, obscene mail,
vandalism, trespassing and physical assault.
H.
This Legislature further finds that the victims of cyberstalking
suffer real and serious harm, including, but not limited to, anxiety,
hyper-vigilance, nightmares, changed eating and sleeping habits, and
fear for their safety.
I.
This Legislature also determines that a few states have enacted laws
criminalizing cyberstalking, but, to date, the New York State Legislature
has failed to address this problem.
J.
This Legislature further determines that Suffolk County should do
everything in its power to protect its residents from such dangerous
behavior which provides a gateway for the commission of further crimes.
K.
Therefore, the purpose of this article is to prohibit the cyberstalking
of adults in the County of Suffolk.
As used in this article, the following terms shall have the
meanings indicated:
Any natural person or individual age 19 or over.
Engaging in a course of conduct or repeatedly committing
acts of abusive behavior over a period of time, with the intent to
coerce, intimidate, harass or cause substantial emotional distress
to a person, and which serve no legitimate purpose, by communication
or causing a communication to be sent by mechanical or electronic
means, posting statements on the Internet or through a computer network.
Acts of abusive behavior shall include, but not be limited to: threatening;
intimidating; tormenting; humiliating; disseminating embarrassing
or sexually explicit photographs, either actual or modified, of a
person without his or her permission; or disseminating the private,
personal or sexual information of a person without his or her permission.
Any natural person or individual.
No person shall engage in cyberstalking against an adult in
the County of Suffolk.
Any person who knowingly violates the provisions of this article
shall be guilty of an unclassified misdemeanor punishable by a fine
of up to $1,000 and/or up to one year's imprisonment.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall be null and void on the day that statewide
or federal legislation goes into effect incorporating either the same
or substantially similar provisions as are contained in this article
or in the event that a pertinent state or federal administrative agency
issues and promulgates regulations preempting such action by the County
of Suffolk. The County Legislature may determine via mere resolution
whether or not identical or substantially similar statewide legislation
has been enacted for the purposes of triggering the provisions of
this section.
