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(1) A person commits the offense of cyberbullying if the person purposefully or knowingly:
(a) with the purpose to terrify, intimidate, threaten, harass, or torment a minor as defined in 45-8-205:
(i) builds a fictitious profile or internet website;(ii) poses as a minor in an internet chat room, electronic mail message, instant message, or other electronic communication as defined in 45-8-213;(iii) follows a minor online or into an internet chat room; or(iv) posts or encourages others to post on the internet private, personal, or sexual information pertaining to a minor;
(b) with the purpose to terrify, intimidate, threaten, harass, or torment a minor or a minor's parent or guardian:
(i) posts a real or doctored image of a minor on the internet;(ii) 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 a password; or(iii) uses a computer system for repeated, continuing, or sustained communications, including electronic mail or other transmissions, to a minor;
(c) posts on the internet a statement, whether true or false, that intends to provoke or actually provokes a third party to stalk or harass a minor;(d) causes an unauthorized copy to be made or copies and disseminates any data pertaining to a minor in any form, including but not limited to any printed or electronic form of computer data, a computer program, or computer software residing in, communicated by, or produced by a computer or computer network for the purpose of terrifying, intimidating, threatening, harassing, or tormenting a minor;(e) registers a minor for access to a pornographic internet website; or(f) without authorization from the minor or the minor's parent or guardian, registers a minor for access to electronic mailing lists or to receive junk electronic mail and instant messages, resulting in intimidation, harassment, or torment of the minor.
(2) A person convicted of the offense of cyberbullying is guilty of a misdemeanor and shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.(3) As used in this section, the following definitions apply:
(a) "Internet chat room" means a computer service allowing two or more users to communicate with each other in real time.(b) "Profile" means:
(i) a configuration of user data required by a computer so that the user may access programs or services and perform the user's desired functions on that computer; or(ii) a personal page or section of a page on a website made up of data in text or graphic form that displays significant, unique, or identifying information, including but not limited to listing acquaintances, interests, associations, activities, or personal statements.
忆江南: 关于(c),可不可以这样理解,intention很难证明,所以提案用语给了法官一定的Discretion?
关于(f),同意博主的观点,还有一点有意思的是,假如有 authorizati ...
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