Perhaps in response to news reports of teen suicides blamed on embarrassing and/or insensitive web postings, I have been fielding a fair number of calls about North Carolina’s cyberbullying statute. The statute, G.S. 14-458.1, was enacted in 2009 and applies to offenses committed on or after that date. S.L. 2009-551, sec. 3. Subsection (a) sets out the elements of the offense. A person is guilty of cyberbullying when he or she uses a computer or computer network to do any one of the following six things: (1) with the intent to intimidate or torment a minor (a) builds a fake profile or Web site; (b) poses as a minor in an Internet chat room or electronic mail or instant message; (c) follows a minor online or into an Internet chat room; or (d) posts or encourages others to post on the Internet private, personal, or sexual information pertaining to a minor; or (2) with the intent to intimidate or torment a minor or the minor’s parent or guardian (a) posts a real or doctored image of a minor on the Internet; (b) accesses, alters, or erases any computer network, computer data, computer program, or computer software, including breaking into a password protected account or stealing or otherwise accessing passwords; or (c) uses a computer system for repeated, continuing, or sustained electronic communications, including electronic mail or other transmissions, to a minor; or (3) plants any statement, whether true or false, tending to provoke or that actually provokes any third party to [...]
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