House Bill 2655 – 2018 – §61-3C-14c. Cyberbullying or specific acts of electronic harassment of minors; definitions; penalties; exceptions.
(a) It is unlawful for a person to knowingly and intentionally use a computer or computer network, as defined in §61-3C-3, to engage in conduct with the intent to harass, intimidate, or bully a minor, including, but not limited to:
(1) Posting, disseminating or encouraging others to post or disseminate private, personal, or sexual information pertaining to a minor on the Internet; or
(2) Posting obscene material, as defined in §61-3C-14a of this code, in a real or doctored image of a minor on the Internet;
(b) For the purposes of this section:
(1) “Harass, intimidate or bully” means any intentional gesture, or any intentional electronic, written, verbal, or physical act, communication, transmission or threat that:
(A) A reasonable person under the circumstances should know the act will have the effect of any one or more of the following:
(i) Physically harming a minor;
(ii) Damaging a minor’s property;
(iii) Placing a minor in reasonable fear of harm to his or her person; or
(iv) Placing a minor in reasonable fear of damage to his or her property; or
(B) Is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or emotionally abusive environment for a minor.
(2) “Minor” means an individual under the age of 18 years old.
(c) This section does not apply to a peaceful activity intended to:
(i) Express a political view; or
(ii) Provide information to others with no intent to harass, intimidate, or bully.
(d) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in jail for a period not to exceed one year, or both confined and fined.
As used in this article, “harassment, intimidation or bullying” means any intentional gesture, or any intentional electronic, written, verbal or physical act, communication, transmission or threat…”
2001 West Virginia Acts, H.B. 3023, Chap. 103 (W.Va. Code Ann.18-2C-3); http://www.legis.state.wv.us/Bill_Text_HTML/2001_SESSIONS/RS/Bills/hb3023%20enr.htm
“Synopsis – 2001 West Virginia Acts, H.B. 3023, Chap. 103 Requires county school boards to develop and adopt a policy prohibiting harassment, intimidation or bullying on school property or at school-sponsored events. Requires state board of education to develop a model policy to assist county boards. Requires policy to include definition, statement prohibiting harassment, intimidation or bullying, reporting procedures, notification of parents, procedures for response and investigation, process for documentation of incidents, strategy for protecting victims from further harassment or bullying after a report is made and a disciplinary procedure for students found guilty.”
Criminal electronic harassment: Obscene, anonymous, harassing and threatening communications by computer, cell phones and electronic communication devices; penalty.