An Act To Prohibit Cyberbullying of School Employees by Students
Maine Legislature, Session 130, LD 1444
Committee: Education and Cultural Affairs
Sponsors: STOVER
Amends: 15 MRSA §3103, 20-A MRSA §6554-A

Legislative Document
No. 1444
H.P. 1060
House of Representatives, April 12, 2021
An Act To Prohibit Cyberbullying of School Employees by Students
Received by the Clerk of the House on April 8, 2021.  Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative STOVER of Boothbay.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §3103, sub-§1, ¶G, as repealed and replaced by PL 2003, c. 688, 
Pt. A, §12, is amended to read:
G.  A violation of section 393, subsection 1, paragraph C or section 393, subsection 
1‑A; and
Sec. 2.  15 MRSA §3103, sub-§1, ¶H, as amended by PL 2005, c. 328, §5, is further 
amended to read:
H.  If a juvenile has been convicted of a crime for a violation of a provision of Title 12 
or 29-A not specifically included in paragraph E or F, willful refusal to pay a resulting 
fine or willful violation of the terms of a resulting administrative release or willful 
failure to comply with the terms of any other resulting court order.; and
Sec. 3.  15 MRSA §3103, sub-§1, ¶I is enacted to read:
I.  A violation of Title 20-A, section 6554-A.
Sec. 4.  20-A MRSA §6554-A is enacted to read:
§6554-A.  Cyberbullying of school employees
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "School employee" means an employee of a school administrative unit, private 
school, approved private school or career and technical education center.
B.  "Student" means an elementary student or secondary student.
2.  Prohibition.  A student may not use a computer or computer network to:
A.  Intentionally intimidate or torment a school employee by:
(1)  Creating a fake profile or website;
(2)  Initiating a post or encouraging another person to post on the Internet private, 
personal or sexual information pertaining to the school employee;
(3)  Posting a real or doctored image of the school employee on the Internet;
(4)  Accessing, altering or erasing any computer network, computer data, computer 
program or computer software, including, but not limited to, breaking into a 
password-protected account or stealing or otherwise accessing a password, of the 
school employee; or
(5)  Using a computer network for repeated, continuing or sustained electronic 
communications, including, but not limited to, e-mail or other transmissions, to the 
school employee;
B.  Make a statement, whether true or false, intended to and likely to provoke a 3rd 
party to stalk or harass a school employee;
C.  Copy and disseminate or cause to be made in any form an unauthorized copy of 
data pertaining to a school employee for the purpose of intimidating or tormenting the 
school employee;
D.  Sign up a school employee for a pornographic Internet site with the intent to 
intimidate or torment the school employee; or
E.  Without authorization of the school employee, sign up a school employee for e-
mail mailing lists or to receive junk electronic messages or instant messages, with the 
intent to intimidate or torment the school employee.
3.  Juvenile crime.  A student who violates this section commits cyberbullying of a 
school employee, which is a juvenile crime pursuant to Title 15, section 3103, subsection 
1, paragraph I.  Notwithstanding any provision of law to the contrary, if a student pleads 
guilty to or is found guilty of an offense under this section, the court may, without entering 
a judgment of guilt and with the consent of the student, defer further proceedings and place 
the student on probation upon such reasonable terms and conditions as the court may 
require.
SUMMARY
This bill prohibits elementary and secondary school students from using a computer or 
computer network to take certain actions against or toward a school employee.  A student 
who violates the prohibition commits a juvenile crime pursuant to the Maine Juvenile Code.