Senate Bill 707 (effective December 1, 2012) amends 14-458.1. and adds as a punishable offense “Cyber-bullying of school employee by student.” http://www.ncleg.net/Sessions/2011/Bills/Senate/PDF/S707v6.pdf
Unlawful for any person to use a computer or computer network to “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.”
- 115C-407.15. Bullying and harassing behavior.
(a) As used in this Article, “bullying or harassing behavior” is any pattern of gestures or written, electronic, or verbal communications, or any physical act or any threatening communication, that takes place on school property, at any school-sponsored function, or on a school bus, and that:
(1) Places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property; or
(2) Creates or is certain to create a hostile environment by substantially interfering with or impairing a student’s educational performance, opportunities, or benefits. For purposes of this section, “hostile environment” means that the victim subjectively views the conduct as bullying or harassing behavior and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying or harassing behavior.
- 14-458.1. Cyber-bullying; (computer-related crime). Outlines specific types of cyberbullying and applies to behaviors directed toward minors or a minor’s parents.
“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”
- 14-458.2. Cyber-bullying of a school employee by student; penalty.
Unlawful for student to create a fake profile or web site, to post or encourage others to post personal, private, or sexual information, to post a real or doctored image of a school employee.