Harassment/"Revenge Porn"

Although we do not have information about bullying on our website, I did some outside research and located information on bullying laws in New York state. Additionally, I found information on the “Dignity for All Students Act” in New York. However, because these are outside websites that we have no relationship with, I cannot vouch for the content, but am simply providing you with the links for your information.

Also, although you asked specifically about legal options, I did want to mention that in general, parents often involve the principal or other school administrators in bullying issues. School administrators can often help with disciplining the child(ren) who is bullying another child. I also located some national organizations that address bullying. Again, keep in mind that these are outside websites that we don’t have a relationship with.

In terms of legal options, many states have protection orders that people can get against one another. In NY, however, only those people in an intimate relationship or people who are related can apply for a civil protection order. However, you may want to ask a lawyer whether or not there may be any other court case that you may be able to file to be able to get some type of injunction against this child (an injunction is basically an order to prevent certain behaviors). We have information on free and paid lawyers in New York in case you wish to speak with an attorney about options in your case.

Again, often a person may first go through the school to ask for help before involving the court system or outside law enforcement but this is something that you may want to get legal advice about since I cannot tell you what would be best in your child’s situation.

Also, it may be possible that a minor can be charged with a crime if s/he violates a criminal law. Here are some criminal laws that deal with harassment in NY if you want to read them to evaluate whether or not you believe that you may want to involve the police:

Sec. 240.26 Harassment in the second degree
A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person:

1. He or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same; or

2. He or she follows a person in or about a public place or places; or

3. He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.

Subdivisions two and three of this section shall not apply to activities regulated by the national labor relations act, [FN1] as amended, the railway labor act, [FN2] as amended, or the federal employment labor management act, [FN3] as amended. Harassment in the second degree is a violation.

and

Sec. 240.30 Aggravated harassment in the second degree
A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she:

1. Either (a) communicates with a person, anonymously or otherwise, by telephone, by telegraph, or by mail, or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm; or

(b) causes a communication to be initiated by mechanical or electronic means or otherwise with a person, anonymously or otherwise, by telephone, by telegraph, or by mail, or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm; or

2. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or

3. Strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same because of a belief or perception regarding such person’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct; or

4. Commits the crime of harassment in the first degree and has previously been convicted of the crime of harassment in the first degree as defined by section 240.25 of this article within the preceding ten years.

5. For the purposes of subdivision one of this section, “form of written communication” shall include, but not be limited to, a recording as defined in subdivision six of section 275.00 of this part. Aggravated harassment in the second degree is a class A misdemeanor.