Cyberbullying

SENATE BILL 726

CRIMINAL LAW – ELECTRONIC HARASSMENT
AND BULLYING (GRACE’S LAW 2.0)
 Grace McComas

 G. Giving/Getting
 R. Respect
 A. and
 C. Compassion for
 E. Everyone

 “a horror story of fear, isolation and trauma with the

addition of cyber hatred, harassment, and intimidation,
and our inability to protect her, or ever see [offender]
held responsible” –Christine McComas
 Current Law Definitions

 Currently, the law does not encompass all social media

and messaging applications

 Many social media applications did not exist when the

law was created

 The law now does not explicitly cover popular internet

sites that have erupted over time such as:
 Twitter, SnapChat, Instagram, Tinder

 According to the Pew Research Center 45% of 12-17 year

olds had cell phones in 2004, increased to 75% by 2010
(Lenhart, Ling and Purcell, 2010)
 New Law

 Expands definition of “electronic communication” to

include use of:
 E-mail, instant messaging service, internet website, social media
application, “any other internet-based communication tool”
 A studying surveying 2,000 randomly-selected students found that
two most common forms of cyberbullying was something posted
online “to make others laugh” or receiving an “upsetting email”
(Hinduja and Patchin, 2010)
 Adds definitions of:
 “instant messaging service”
 “social media application”
 “social media profile”
 Current Definitions: Conduct

 Very limited
 High standards
 Minor must actually suffer from serious emotional distress or
be placed in reasonable fear of death or serious bodily injury
 Serious emotional distress vs. substantial

 Fails to prohibit making fake profile to intimidate or

harass, posing as another
 Fails to include harassment of minor’s immediate
family
 Fails to address intent to induce a minor to commit
suicide
 New Law

 Addresses conduct that may take place in “electronic communication,”

instead of only an “interactive computer service”
 A person may not maliciously engage as opposed to the conduct that may
not be malicious
 Distinguishes between communication part of a series vs. isolated event
 Series: communication must “intimidate, torment, or harass”
 One significant act: viewed in its entirety cannot “intimidate,
torment, harass, physically harm, cause emotional distress, result in
property damage, place minor in fear of physical harm of one’s parent,
sibling, spouse, or child in reasonable fear of harm
 Expands conduct prohibited
 Person may not (w/ intent to intimidate, torment, or harass) use
computer network to: (1) build fake profile, (2) pose as another,(3)
follow a minor online or use instant messaging, (4) disseminate sexual
information concerning minor
 Includes harassment against minor’s parent/guardian
 Clarifies that conduct must “intimidate, torment, or harass,” instead of
“harass, alarm, annoy”
 Current Penalities

 Imprisonment not exceeding one year

 Fine not exceeding $500
 Or both
 New Penalties

 Potential for three years

 Fine not exceeding $10,000
 Or both
 Focuses sentence further
 Any person convicted of violation this section with intent to
induce suicide by minor has potential 10 years imprisonment
or fine not exceeding $10,000, or both
 Senate Bill 725 Bullying, Cyberbullying, Harassment, and
Intimidation - Civil Relief and School Response

 It is important for cyberbullying incidents are

handled among parents and within school systems
 SB 725 authorizes schools to handle cyberbullying
cases internally and provides a regulated process to
do so
 A parent/guardian of the minor may bring action for
injunctive relief against an alleged cyberbully
 Stats

 Out of 2,000 randomly-selected middle-schoolers

 “20% of respondents reported seriously thinking about attempting
suicide”
 “19% reported attempting suicide”
 “all forms [of bullying] significantly associated with increases in suicidal
ideation… Youth who experienced…cyberbullying…had more suicidal
thoughts and were more likely to attempt suicide than those who
had not experienced [it]” (Hinduja and Patchin, 2010)
 According to the Cyberbullying Research Center:
28% of students report being victim of cyberbullying at least once


 In a survey of 457 randomly selected middle school students in

Midwestern U.S., 34.4% reported to being cyberbullied
 Since 2002 has surveyed over 20,000 students

 Harm caused by bullying can result in a snowball effect of lasting

painful emotions and negative impacts (Donegan, 2012)
 Donegan, R. (2012). Bullying and Cyberbullying: History, Statistics, Law, Prevention and Analysis, 3(1), 33-42.
 Hinduja, S. & Patchin, J. W. (2010). Bullying, Cyberbullying, and Suicide. Archives of Suicide Research, 14(3), 206-221.
 Megan Meier 1992-2006

 Megan Taylor Meier born on November 6, 1992

 Her foundation, started by her mother Tina, describes
Megan as coming, “into this world loud and I mean loud
and determined to have her own mind and make a
difference.”

 Megan took her own life on October 16, 2006 after

finding posts about herself on Myspace
 Fake profile of boy was also created to trick Megan

Megan Meier foundation

 Ryan Halligan (1989-2003)

 Ryan Halligan was born December 18, 1989

 Ryan’s parents describe him as a “sweet, gentle and very
sensitive soul” on their website.
 On October 7, 2003, after having his messages through IM
(instant messaging) exchanged among his classmates, Ryan took
his own life.

 Ryan’s father, who has become an advocate against bullying has

said, “that technology was being utilized as weapons far more
effective and reaching [than] the simple ones we had as kids.”

 No criminal law existed that could have been applied to the

circumstances or that catered to protect cyberbullying victims.

 http://nobullying.com/ryan-halligan/
 https://nobullying.com/six-unforgettable-cyber-bullying-cases/
 Sarah Lynn Butler 1997-2009

 Born July 18, 1997

 An anonymous letter addressed to Sarah after her death
said she was, “a beautiful girl and…would have been a
beautiful young woman”
 After being bullied on Myspace from classmates, Sarah
ended her life on September 26, 2009

 https://nobullying.com/sarah-lynn-butler/
 http://www.puresight.com/Real-Life-Stories/sarah-lynn-butler.html