definitions; penalties; exceptions. (a) It is unlawful for a person to knowingly and intentionally use a computer or computer network, as defined in §61-3C-3, to engage in conduct with the intent to harass, intimidate, or bully a minor, including, but not limited to: (1) Posting, disseminating or encouraging others to post or disseminate private, personal, or sexual information pertaining to a minor on the Internet; or (2) Posting obscene material, as defined in §61-3C-14a of this code, in a real or doctored image of a minor on the Internet; (b) For the purposes of this section: a (1) "Harass, intimidate or bully" means any intentional gesture, or any intentional electronic, written, verbal, or physical act, communication, transmission or threat that: (A) A reasonable person under the circumstances should know the act will have the effect of any one or more of the following: (i) Physically harming a minor; (ii) Damaging a minor's property; (iii) Placing a minor in reasonable fear of harm to his or her person; or (iv) Placing a minor in reasonable fear of damage to his or her property; or (B) Is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or emotionally abusive environment for a minor. (2) "Minor" means an individual under the age of 18 years old. (c) This section does not apply to a peaceful activity intended to: (i) Express a political view; or (ii) Provide information to others with no intent to harass, intimidate, or bully. (d) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in jail for a period not to exceed one year, or both confined and fined.
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