California Education Code §48900(r)(2)(iii) states:
"...“cyber sexual bullying” means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in [the Bullying section]. A photograph or other visual recording, as described above, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
It is interesting that "incitement to disseminate" is an offense covered under this subsection. This could mean a student who did not send or take an improper picture, but rather only "incited" someone to send or take it, could also potentially be guilty of an offense. This sexual bullying can involve "sexting," where nude photographs of students are shared, presumably by others who are not authorized to share them.
When Governor Brown signed this into law, a press release explained:
"Sexual bullying is a form of bullying commonly facing teenagers. It is a behavior that can include harassing an individual or others through comments and actions that are sexual in nature. Furthermore, sexual bullying can occur in person or online. The act of sexting, where sexual, nude or semi-nude images are exchanged electronically, has become a recent occurrence in the lives of young people, and can be a major form of sexual bullying, or cyber sexual bullying. Approximately 20 percent of teenage boys and girls have sent a sext message, according to the American Academy of Pediatrics."
In recent years, the long arm of the schools frequently attempts to reach acts outside school grounds, activities and hours, particularly with bullying. It used to be that acts on the weekend stayed on the weekend. However, if matters come into the school and cause a bullying environment, even if not intended to do so, it is possible the schools may try to punish the offending student(s) regardless of where the offending act(s) occurred. Students beware.