HOUSE
                       3rd Reading Unamended
       March 12, 2014          HOUSE
       Amended 2nd Reading
                      March 10, 2014Second Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 14-0605.02 Michael Dohr x4347   HOUSE BILL 14-1131
                    HOUSE SPONSORSHIP
 Fields,  Singer, Schafer, McCann, Primavera, Moreno, Exum, Melton, Pabon
 
                   SENATE SPONSORSHIP
 Newell and Kefalas, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Education
 
 
 
 Appropriations
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning harassment against a minor by using an
            interactive computer service.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill adds to the crime of harassment the use of interactive
       computer service to engage in a course of conduct that inflicts serious
       emotional distress on a minor or places the minor in reasonable fear of
       death or serious bodily injury with intent to cause the fear of death or
       serious bodily injury or with the intent to cause death or serious bodily
       injury. The crime is a class 2 misdemeanor. If the intent was to harass the
       person because of the person's race, color, religion, ancestry, or national
       origin, then it is a class 1 misdemeanor.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, add 18-3-603 as
       follows:
            18-3-603.  Cyberbullying of a minor - definition. (1)  Any
       person who knowingly through the use of social media posts or
       adds any statement, photograph, video, or other information
       about or pertaining to a minor with the intent to cause the minor
       to suffer serious emotional distress, or makes a credible threat
       against a minor that the actor knows or reasonably should
       know will be communicated to or viewed by the minor, commits
       cyberbullying if the conduct results in serious emotional
       distress to any minor.
            (2)  "Social media" means any electronic medium, including
       an interactive computer service, that allows users to create,
       share, and view user-generated content, including but not
       limited to videos, still photographs, blogs, video blogs,
       podcasts, instant messages, electronic mail, or internet web site
       profiles.
            (3)  The victim need not  receive professional treatment or
       counseling as proof that the victim suffered serious emotional
       distress.
            (4)  Conviction for a violation of this section does not
       preclude conviction for a violation of section 18-3-602, C.R.S.,
       based in whole or in part on the same or related conduct, and
       the court shall not require the prosecution to elect at trial
       between the offenses of cyberbullying and stalking.
            (5)  Cyberbullying is a class 2 misdemeanor; except it is a
       class 1 misdemeanor if the offender engages in the conduct
       because of the minor's actual or perceived race, color, religion,
       ancestry, national origin, physical or mental disability, gender
       identity, or sexual orientation.
            (6)  When the same conduct of the actor results in serious
       emotional distress to more than one victim, the actor may be
       convicted of a separate offense under this section for each
       victim.
            SECTION 2.  In Colorado Revised Statutes, 18-1-202, add (14)
       as follows:
            18-1-202.  Place of trial. (14)  If a person commits
       cyberbullying as described in section 18-3-603, C.R.S., the
       offense is committed, and the offender may be tried in the
       county where the threat or other information is received or
       viewed by the victim, in the county where the victim resides, in
       any county where actions taken in furtherance of the infliction
       of serious emotional distress occur, or in any county otherwise
       specified in this section.
            SECTION 3.  In Colorado Revised Statutes, 18-3-602, add (2)
       (c.5) as follows:
            18-3-602.  Stalking - penalty - definitions - Vonnie's law.
       (2)  For the purposes of this part 6:
            (c.5)  "Minor" means a person under eighteen years of age.
            SECTION 4.  Effective date - applicability. This act takes effect
       July 1, 2014, and applies to offenses committed on or after said date.
            SECTION  5.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.