Ya Big Bully--Is Cyberbullying Illegal?

Remember the days of school yard bullies?  Stealing lunch money, breaking 'nerdy' glasses, wedgies, noogies, name-calling and 'kick-me' signs?

Enter the age of technology.

Bullies now have the ability to harass and target their victims before, during and after school hours as well as off school grounds.  Technology and the Internet have allowed bullies to almost reinvent themselves.  They can use text messages, emails, instant messages, Facebook, MySpace, Twitter, Blogs (no worries, I won't be bullying you) and websites (like the recently shut down JuicyCampus.com) to target their victims.

Recently, there have been a number of teen suicides related to cyber-bulling.  There has even been an adult suicide related to workplace bullying.  These new 'bully outlets' that weren't around when most adults were younger possibly make it harder for the school systems and parents to catch what's happening, almost acting as a barrier for help.  This barrier, in turn, could change into a catalyst for fighting, anti-social behaviors, fear, low self-esteem, physical illness, anxiety, depression, and in some unfortunate cases, suicide.  

As opposed to a schoolyard bully, the cyberbully has no one around to watch or catch them in the act of posting a harassing message on a Facebook page or to see a nasty text message.  There are no cuts, bruises, wedgies, or money taken from the bullied; there are no physical actions against a victim.  Most of these incidents go unreported, making the bullying last longer and become worse as time carries on. And, in a few instances, by the time and adult or authority has caught on to what's going on--it's too late.

• On September 22 of this year, a Rutgers University freshman jumped to his death after his room mate posted a live steam of him having sexual relations with another male student a few days earlier.  The suspect is being charged with two counts of invasion of privacy.
• In January of this year, Phoebe Prince hung herself  from a stairwell in her home in Hadley, Massachusetts.  Charges were later made against six teenagers, including two boys charged with statutory rape and a clique of girls charged with stalking, criminal harassment and violating civil rights.
• 52-year-old managing editor, Kevin Morrissey, shot himself in the head on July 30 after alleged workplace bullying at the Virginia Quarterly Review.
• 13-year-old Megan Meier, from Dardenne Prairie, Missouri, committed suicide in 2006 after Lori Drew-the mother of a classmate of Meier's-created a fake MySpace account in which she posed as a 15-year-old boy and harassed Meier to the point of suicide.  Drew was indicted in 2008, but was later acquitted.

You may be asking yourself--is cyber-bullying a crime?  In the US there is no federal law against cyber-bullying yet.  However, state legislatures -- like Arkansas, Connecticut, Florida, Kentucky, Maryland, Virginia and others -- have begun to take things into their own hands by redesigning their harassment laws to cover the cyber world as well.

New York does not have a law specifically making cyber bullying illegal, however they do have laws against schoolyard bullying.  Connecticut is one of the states that has made it a misdemeanor "with intent to harass, annoy or alarm another person" to "communicate with a person...by computer network...in a manner likely to cause annoyance or alarm".  In Virginia it's also a misdemeanor to "use a computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act".  More states are working towards creating similar laws.

Last year, there was a bill introduced to the House of Representatives making cyberbullying punishable by a fine or a prison term of up to two years.  The bill would make it illegal to "transmit in interstate or foreign commerce any communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person, using electronic means to support severe, repeated, and hostile behavior."  This bill has not been passed due to controversy over violation of First Amendment rights.

Adults, children, teenagers, co-workers, families, officials--everyone needs to become more aware about cyberbullying and bullying in general.  It's going to take more than just a law to protect your loved ones from being targeted by a bully.  Report any type of bullying or harassment to your local police department.  Stay aware of what crimes occur in your neighborhood by heading to SpotCrime and signing up for your local crime alerts.  Knowledge is power!

And don't be a bully!