(a) Definitions.
(1) As used in this Chapter, the following terms shall have the meanings indicated:
A. Electronic Transmission or Electronically Transmits. The transmission, dissemination, or posting of information via the use of a computer online service, Internet service provider, smartphone, tablet, wireless device or any other similar electronic means that is viewable by multiple persons through, at, by, on or in a local bulletin board service, an Internet chat room, a group electronic mail or text, a social media, networking or messaging site, a web page, a blog, a video-sharing site, an electronic messaging platform, or other similar types of electronic platforms.
B. Person. Any natural person or individual.
(b) Prohibitions.
(1) A person is guilty of cyberbullying when, with the intent to harass, abuse, or otherwise inflict emotional harm on another person, the actor electronically transmits, anonymously or otherwise:
A. Information about the person which has no legitimate communicative purpose and the actor knows or reasonably should know that the electronic transmission of the information will cause harm to the person's reputation or the person's relationships with family members, friends, peers, or employers; or
B. Private sexual information about the person; or
C. A photograph or a video, whether real or altered, that depicts any uncovered portion of the breasts, buttocks, or genitals of the person and said photograph or video has no legitimate communicative purpose; or
D. False sexual information about the person; or
E. Information that has no legitimate communicative purpose by appropriating the person's name, likeness, e-mail accounts, websites, or blogs for the purpose of harassing such person or other persons.
(c) Penalty.
(1) Any minor violating the provisions of this section shall be dealt with in accordance with juvenile court law and procedure. Any person violating the provisions of this section is guilty of a minor misdemeanor.
(d) Severability. If any provision of this section or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
(Ord. 38-22. Passed 12-13-22.)