An Act Regarding Cyberbullying
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §517 is enacted to read:
§ 517. Cyberbullying
1. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Bullying" has the same meaning as in Title 20-A, section 6554, subsection 2, paragraph B.
B. "Cyberbullying" has the same meaning as in Title 20-A, section 6554, subsection 2, paragraph C.
2. A person is guilty of cyberbullying if:
A. The person engages in cyberbullying with the intent to bully another person. Violation of this paragraph is a Class E crime; or
B. The person violates paragraph A and, at the time of the cyberbullying, the person has 2 or more prior convictions under this section in which the victim was the same person or for engaging in substantially similar conduct to that contained in this paragraph in another jurisdiction. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this paragraph is a Class C crime.
SUMMARY
This bill establishes the crime of cyberbullying and makes a violation a Class E crime. It references the definition of cyberbullying in the education statutes that defines "cyberbullying" to mean bullying through the use of technology or any electronic communication device.