A BILL TO BE ENTITLED
AN ACT protecting children of this state by making CYBER BULLYING a criminal offense punishable as a class 1 misdemeanor.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 60 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑458.1.  Cyber bullying; penalty.
(a)	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:
(1)	Falsify one's identity in an Internet chat room, an electronic mail message, or an instant message with the intent to intimidate or torment a minor.
(2)	Follow a minor online or into an Internet chat room with the intent to intimidate or torment a minor.
(3)	Build a fake profile, a Web site, or pose as a minor in an Internet chat room, an electronic mail message, or an instant message with the intent to intimidate or torment a minor.
(4)	Plant any statement, whether true or false, tending to provoke or that actually provokes, any third party to stalk or harass a minor.
(5)	Post a real or doctored image of a minor on the Internet with the intent to embarrass, intimidate, or torment the minor or the minor's parent or guardian.
(6)	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 the minor.
(7)	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, with the intent to embarrass, intimidate, or torment a minor or the minor's parent or guardian.
(8)	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).
(9)	Use a computer system to repeatedly communicate insults to, or about, a minor with the intent to intimidate or torment the minor or the minor's parent or guardian.
(10)	Sign a minor up for a pornographic Internet site.
(11)	Sign a minor up for electronic mailing lists, or to receive junk electronic messages and instant messages, without authorization, resulting in either (i) costs to the minor or to the minor's parent or guardian or (ii) intimidation or torment of the minor.
(b)	Any person who violates this section shall be guilty of cyber bullying, which offense shall be punishable as a Class 1 misdemeanor."
SECTION 2.  G.S. 14‑453 is amended by adding new subdivisions to read:
"(7b)	'Internet chat room' means a computer service allowing two or more users to communicate with each other in real time.
(7c)	'Profile' means a configuration of user data required by a computer so that the user may access programs or services and have the desired functionality on that computer."
SECTION 3.  This act becomes effective December 1, 2009, and applies to violations on or after that date.