North Carolina General Statutes 14-458.1. Cyber-bullying; penalty
(a) Except as otherwise made unlawful by this Article, it shall be unlawful for any person to use a computer or computer network to do any of the following:
(1) With the intent to intimidate or torment a minor:
a. Build a fake profile or Web site;
b. Pose as a minor in:
1. An Internet chat room;
2. An electronic mail message; or
3. An instant message;
c. Follow a minor online or into an Internet chat room; or
d. Post or encourage others to post on the Internet private, personal, or sexual information pertaining to a minor.
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 120 days | |
| Class 2 misdemeanor | up to 60 days | up to $1,000 |
Terms Used In North Carolina General Statutes 14-458.1
- Access: means to instruct, communicate with, cause input, cause output, cause data processing, or otherwise make use of any resources of a computer, computer system, or computer network. See North Carolina General Statutes 14-453
- Authorization: means having the consent or permission of the owner, or of the person licensed or authorized by the owner to grant consent or permission to access a computer, computer system, or computer network in a manner not exceeding the consent or permission. See North Carolina General Statutes 14-453
- Computer: means an internally programmed, automatic device that performs data processing or telephone switching. See North Carolina General Statutes 14-453
- Computer network: means the interconnection of communication systems with a computer through remote terminals, or a complex consisting of two or more interconnected computers or telephone switching equipment. See North Carolina General Statutes 14-453
- Computer program: means an ordered set of data that are coded instructions or statements that when executed by a computer cause the computer to process data. See North Carolina General Statutes 14-453
- Computer software: means a set of computer programs, procedures and associated documentation concerned with the operation of a computer, computer system, or computer network. See North Carolina General Statutes 14-453
- Computer system: means at least one computer together with a set of related, connected, or unconnected peripheral devices. See North Carolina General Statutes 14-453
- Conviction: A judgement of guilt against a criminal defendant.
- Data: means a representation of information, facts, knowledge, concepts, or instructions prepared in a formalized or other manner and intended for use in a computer, computer system, or computer network. See North Carolina General Statutes 14-453
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Electronic mail: means the same as the term is defined in N. See North Carolina General Statutes 14-453
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Internet chat room: means a computer service allowing two or more users to communicate with each other in real time. See North Carolina General Statutes 14-453
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Profile: means (i) a configuration of user data required by a computer so that the user may access programs or services and have the desired functionality on that computer or (ii) a Web site user's personal page or section of a page made up of data, in text or graphical form, which displays significant, unique, or identifying information, including, but not limited to, listing acquaintances, interests, associations, activities, or personal statements. See North Carolina General Statutes 14-453
(2) With the intent to intimidate or torment a minor or the minor’s parent or guardian:
a. Post a real or doctored image of a minor on the Internet;
b. Access, alter, or erase 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. Use a computer system for repeated, continuing, or sustained electronic communications, including electronic mail or other transmissions, to a minor.
(3) Make any statement, whether true or false, intending to immediately provoke, and that is likely to provoke, any third party to stalk or harass a minor.
(4) Copy and disseminate, or cause to be made, an unauthorized copy of any data pertaining to a minor for the purpose of intimidating or tormenting that minor (in any form, including, but not limited to, any printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network).
(5) Sign up a minor for a pornographic Internet site with the intent to intimidate or torment the minor.
(6) Without authorization of the minor or the minor’s parent or guardian, sign up a minor for electronic mailing lists or to receive junk electronic messages and instant messages, with the intent to intimidate or torment the minor.
(b) Any person who violates this section shall be guilty of cyber-bullying, which offense shall be punishable as a Class 1 misdemeanor if the defendant is 18 years of age or older at the time the offense is committed. If the defendant is under the age of 18 at the time the offense is committed, the offense shall be punishable as a Class 2 misdemeanor.
(c) Whenever any person pleads guilty to or is guilty of an offense under this section, and the offense was 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 reasonable terms and conditions as the court may require. Upon fulfillment of the terms and conditions of the probation provided for in this subsection, the court shall discharge the defendant and dismiss the proceedings against the defendant. Discharge and dismissal under this subsection shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Upon discharge and dismissal pursuant to this subsection, the person may apply for an order to expunge the complete record of the proceedings resulting in the dismissal and discharge, pursuant to the procedures and requirements set forth in N.C. Gen. Stat. § 15A-146 (2009-551, s. 1; 2012-149, s. 3.)