HB2655 S JUD AM #1
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
ARTICLE 3C. WEST VIRGINIA COMPUTER CRIME AND ABUSE ACT.
§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.