(a) Except as otherwisemade unlawful by this Article, it shall be unlawful for any person to use acomputer or computer network to do any of the following:
(1) With the intent tointimidate or torment a minor:
a. Build a fake profileor Web site;
b. Pose as a minor in:
1. An Internet chatroom;
2. An electronic mailmessage; or
3. An instant message;
c. Follow a minoronline or into an Internet chat room; or
d. Post or encourageothers to post on the Internet private, personal, or sexual informationpertaining to a minor.
(2) With the intent tointimidate or torment a minor or the minor's parent or guardian:
a. Post a real ordoctored image of a minor on the Internet;
b. Access, alter, orerase any computer network, computer data, computer program, or computersoftware, including breaking into a password protected account or stealing orotherwise accessing passwords; or
c. Use a computersystem for repeated, continuing, or sustained electronic communications,including electronic mail or other transmissions, to a minor.
(3) Plant any statement,whether true or false, tending to provoke or that actually provokes any thirdparty to stalk or harass a minor.
(4) Copy anddisseminate, or cause to be made, an unauthorized copy of any data pertainingto a minor for the purpose of intimidating or tormenting that minor (in anyform, including, but not limited to, any printed or electronic form of computerdata, computer programs, or computer software residing in, communicated by, orproduced by a computer or computer network).
(5) Sign up a minor fora pornographic Internet site.
(6) Withoutauthorization of the minor or the minor's parent or guardian, sign up a minorfor electronic mailing lists or to receive junk electronic messages and instantmessages, resulting in intimidation or torment of the minor.
(b) Any person whoviolates this section shall be guilty of cyber‑bullying, which offenseshall be punishable as a Class 1 misdemeanor if the defendant is 18 years ofage or older at the time the offense is committed. If the defendant is underthe age of 18 at the time the offense is committed, the offense shall bepunishable as a Class 2 misdemeanor.
(c) Whenever any personpleads guilty to or is guilty of an offense under this section, and the offensewas committed before the person attained the age of 18 years, the court may,without entering a judgment of guilt and with the consent of the defendant,defer further proceedings and place the defendant on probation upon such reasonableterms and conditions as the court may require. Upon fulfillment of the termsand conditions of the probation provided for in this subsection, the courtshall discharge the defendant and dismiss the proceedings against thedefendant. Discharge and dismissal under this subsection shall be without courtadjudication of guilt and shall not be deemed a conviction for purposes of thissection or for purposes of disqualifications or disabilities imposed by lawupon conviction of a crime. Upon discharge and dismissal pursuant to thissubsection, the person may apply for an order to expunge the complete record ofthe proceedings resulting in the dismissal and discharge, pursuant to theprocedures and requirements set forth in G.S. 15A‑146. (2009‑551, s. 1.)
(a) Except as otherwisemade unlawful by this Article, it shall be unlawful for any person to use acomputer or computer network to do any of the following:
(1) With the intent tointimidate or torment a minor:
a. Build a fake profileor Web site;
b. Pose as a minor in:
1. An Internet chatroom;
2. An electronic mailmessage; or
3. An instant message;
c. Follow a minoronline or into an Internet chat room; or
d. Post or encourageothers to post on the Internet private, personal, or sexual informationpertaining to a minor.
(2) With the intent tointimidate or torment a minor or the minor's parent or guardian:
a. Post a real ordoctored image of a minor on the Internet;
b. Access, alter, orerase any computer network, computer data, computer program, or computersoftware, including breaking into a password protected account or stealing orotherwise accessing passwords; or
c. Use a computersystem for repeated, continuing, or sustained electronic communications,including electronic mail or other transmissions, to a minor.
(3) Plant any statement,whether true or false, tending to provoke or that actually provokes any thirdparty to stalk or harass a minor.
(4) Copy anddisseminate, or cause to be made, an unauthorized copy of any data pertainingto a minor for the purpose of intimidating or tormenting that minor (in anyform, including, but not limited to, any printed or electronic form of computerdata, computer programs, or computer software residing in, communicated by, orproduced by a computer or computer network).
(5) Sign up a minor fora pornographic Internet site.
(6) Withoutauthorization of the minor or the minor's parent or guardian, sign up a minorfor electronic mailing lists or to receive junk electronic messages and instantmessages, resulting in intimidation or torment of the minor.
(b) Any person whoviolates this section shall be guilty of cyber‑bullying, which offenseshall be punishable as a Class 1 misdemeanor if the defendant is 18 years ofage or older at the time the offense is committed. If the defendant is underthe age of 18 at the time the offense is committed, the offense shall bepunishable as a Class 2 misdemeanor.
(c) Whenever any personpleads guilty to or is guilty of an offense under this section, and the offensewas committed before the person attained the age of 18 years, the court may,without entering a judgment of guilt and with the consent of the defendant,defer further proceedings and place the defendant on probation upon such reasonableterms and conditions as the court may require. Upon fulfillment of the termsand conditions of the probation provided for in this subsection, the courtshall discharge the defendant and dismiss the proceedings against thedefendant. Discharge and dismissal under this subsection shall be without courtadjudication of guilt and shall not be deemed a conviction for purposes of thissection or for purposes of disqualifications or disabilities imposed by lawupon conviction of a crime. Upon discharge and dismissal pursuant to thissubsection, the person may apply for an order to expunge the complete record ofthe proceedings resulting in the dismissal and discharge, pursuant to theprocedures and requirements set forth in G.S. 15A‑146. (2009‑551, s. 1.)
(a) Except as otherwisemade unlawful by this Article, it shall be unlawful for any person to use acomputer or computer network to do any of the following:
(1) With the intent tointimidate or torment a minor:
a. Build a fake profileor Web site;
b. Pose as a minor in:
1. An Internet chatroom;
2. An electronic mailmessage; or
3. An instant message;
c. Follow a minoronline or into an Internet chat room; or
d. Post or encourageothers to post on the Internet private, personal, or sexual informationpertaining to a minor.
(2) With the intent tointimidate or torment a minor or the minor's parent or guardian:
a. Post a real ordoctored image of a minor on the Internet;
b. Access, alter, orerase any computer network, computer data, computer program, or computersoftware, including breaking into a password protected account or stealing orotherwise accessing passwords; or
c. Use a computersystem for repeated, continuing, or sustained electronic communications,including electronic mail or other transmissions, to a minor.
(3) Plant any statement,whether true or false, tending to provoke or that actually provokes any thirdparty to stalk or harass a minor.
(4) Copy anddisseminate, or cause to be made, an unauthorized copy of any data pertainingto a minor for the purpose of intimidating or tormenting that minor (in anyform, including, but not limited to, any printed or electronic form of computerdata, computer programs, or computer software residing in, communicated by, orproduced by a computer or computer network).
(5) Sign up a minor fora pornographic Internet site.
(6) Withoutauthorization of the minor or the minor's parent or guardian, sign up a minorfor electronic mailing lists or to receive junk electronic messages and instantmessages, resulting in intimidation or torment of the minor.
(b) Any person whoviolates this section shall be guilty of cyber‑bullying, which offenseshall be punishable as a Class 1 misdemeanor if the defendant is 18 years ofage or older at the time the offense is committed. If the defendant is underthe age of 18 at the time the offense is committed, the offense shall bepunishable as a Class 2 misdemeanor.
(c) Whenever any personpleads guilty to or is guilty of an offense under this section, and the offensewas committed before the person attained the age of 18 years, the court may,without entering a judgment of guilt and with the consent of the defendant,defer further proceedings and place the defendant on probation upon such reasonableterms and conditions as the court may require. Upon fulfillment of the termsand conditions of the probation provided for in this subsection, the courtshall discharge the defendant and dismiss the proceedings against thedefendant. Discharge and dismissal under this subsection shall be without courtadjudication of guilt and shall not be deemed a conviction for purposes of thissection or for purposes of disqualifications or disabilities imposed by lawupon conviction of a crime. Upon discharge and dismissal pursuant to thissubsection, the person may apply for an order to expunge the complete record ofthe proceedings resulting in the dismissal and discharge, pursuant to theprocedures and requirements set forth in G.S. 15A‑146. (2009‑551, s. 1.)
