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Massachusetts Does Not Have An Anti-Bully Law

Advocates say the situation is the worst for special-education and autistic students. A survey just released by the Massachusetts Advocates for Children showed that of the 400 parents surveyed, almost 90 percent reported that their child had been bullied sometime in the past year.

Julia Landau of MAC said “kids with autism are much more frequent targets of bullying, they act different…their verbal tics are often mocked. More than half of the respondents reported that their children were physically assaulted as well.”

And a study released by the Gay, Lesbian and Straight Education Network last year showed that 9 out of 10 gay and lesbian students reported experiencing harassment at school.

Yet, despite the pervasive nature of the problem there are still eight states that do not have anti-bullying laws on the books. Massachusetts is one of them.

Dozens of bills have come before the Massachusetts state legislature in the past few years but all failed in part because teachers, principals and lawmakers can be at odds over how to solve the problem. Educators often argue that existing harassment and assault laws can be used to prevent bullying, and legislators taking a cue from their constituents, are clearly anxious to enact new laws.

(VIDEO) Massachussetts student, Carl Joseph Walker-Hoover Committed Suicide after other kids bullied him with gay slurs

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Posted by admin - October 1, 2010 at 4:20 pm

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Iowa Cyberstalking Laws

Iowa Cyberstalking Laws

708.7 Harassment.

    1. A person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person does any of the following:
      1. Communicates with another by telephone, telegraph, writing, or via electronic communication without legitimate purpose and in a manner likely to cause the other person annoyance or harm.
      2. Places a simulated explosive or simulated incendiary device in or near a building, vehicle, airplane, railroad engine or railroad car, or boat occupied by another person.
      3. Orders merchandise or services in the name of another, or to be delivered to another, without the other person’s knowledge or consent.
      4. Reports or causes to be reported false information to a law enforcement authority implicating another in some criminal activity, knowing that the information is false, or reports the alleged occurrence of a criminal act, knowing the act did not occur.
    2. A person commits harassment when the person, purposefully and without legitimate purpose, has personal contact with another person, with the intent to threaten, intimidate, or alarm that other person. As used in this section, unless the context otherwise requires, “personal contact” means an encounter in which two or more people are in visual or physical proximity to each other. “Personal contact” does not require a physical touching or oral communication, although it may include these types of contacts.

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Posted by admin - September 6, 2010 at 6:50 pm

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Tenessee Cyberstalking Laws

Tennessee Cyberstalking Laws

39-17-315. Stalking, aggravated stalking, and especially aggravated stalking. —

(a) As used in this section, unless the context otherwise requires:

  1. “Course of conduct” means a pattern of conduct composed of a series of two (2) or more separate noncontinuous acts evidencing a continuity of purpose;
  2. “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling;
  3. “Harassment” means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable person to suffer emotional distress, and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose;
  4. “Stalking” means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested;
  5. “Unconsented contact” means any contact with another person that is initiated or continued without that person’s consent, or in disregard of that person’s expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:

(A) Following or appearing within the sight of that person;

(B) Approaching or confronting that person in a public place or on private property;

(C) Appearing at that person’s workplace or residence;

(D) Entering onto or remaining on property owned, leased, or occupied by that person;

(E) Contacting that person by telephone;

(F) Sending mail or electronic communications to that person; or

(G) Placing an object on, or delivering an object to, property owned, leased, or occupied by that person; and

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Posted by admin - August 31, 2010 at 8:06 pm

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South Carolina Cyberstalking

South Carolina Cyberstalking Laws

The current law.

ARTICLE 17. HARASSMENT AND STALKING
SECTION 16-3-1700. Definitions. [SC ST SEC 16-3-1700]

As used in this article:

(A) “Harassment” means a pattern of intentional, substantial, and
unreasonable intrusion into the private life of a targeted person that
causes the person and would cause a reasonable person in his position to
suffer mental distress. Harassment may include, but is not limited to:

(1) following the targeted person as he moves from location to location;

(2) visual, physical, verbal, written, or electronic contact that is
initiated, maintained, or repeated after a person has been provided notice
that the contact is unwanted;

The ammended bill.

A BILL TO AMEND SECTION 16-3-1700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE DEFINITIONS OF “HARASSMENT” AND “STALKING”, SO AS TO
REVISE THE DEFINITIONS OF HARASSMENT AND STALKING, DEFINE “CYBERSTALKING”,
“ELECTRONIC COMMUNICATION”, AND “ELECTRONIC MAIL”; TO AMEND CHAPTER 3, TITLE
16, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING SECTION 16-3-1725, SO
AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN CYBERSTALKING OR
TO UNLAWFULLY HARASS OR STALK ANOTHER PERSON BY ELECTRONIC COMMUNICATION OR
ELECTRONIC MAIL AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

12/15/04 Senate Prefiled
12/15/04 Senate Referred to Committee on Judiciary
01/11/05 Senate Introduced and read first time SJ-159
01/11/05 Senate Referred to Committee on Judiciary SJ-159

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Posted by admin - at 7:38 pm

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Pennsylvania Cyberstalking Laws

Pennsylvania Cyberstalking Laws

No. 167 (Session of 1999)
Approved by the Governor, Dec. 15, 1999
Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for possession of firearm or other dangerous weapon in court facility, for terroristic threats, for harassment and stalking, for grading of theft offenses and, for harassment AND STALKING by communication
(e) Definition.–As used in this section, the term “communicates” means conveys in person or by written or electronic means including telephone, electronic mail, Internet, facsimile, telex and similar transmissions.

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Posted by admin - at 7:33 pm

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Oregon Cyberstalking Laws

Oregon Cyberstalking Laws

166.065 Harassment. (1) A person commits the crime of harassment if the person intentionally:

(a) Harasses or annoys another person by:

(A) Subjecting such other person to offensive physical contact; or

(B) Publicly insulting such other person by abusive words or gestures in a manner intended and likely to provoke a violent response;

(b) Subjects another to alarm by conveying a false report, known by the conveyor to be false, concerning death or serious physical injury to a person, which report reasonably would be expected to cause alarm; or

(c) Subjects another to alarm by conveying a telephonic, electronic or written threat to inflict serious physical injury on that person or to commit a felony involving the person or property of that person or any member of that person’s family, which threat reasonably would be expected to cause alarm.

(2) A person is criminally liable for harassment if the person knowingly permits any telephone or electronic device under the person’s control to be used in violation of subsection (1) of this section.

(3) Harassment is a Class B misdemeanor.

(4) Notwithstanding subsection (3) of this section, harassment is a Class A misdemeanor if a person violates subsection (1) of this section by subjecting another person to offensive physical contact and the offensive physical contact consists of touching the sexual or other intimate parts of the other person. [1971 c.743 §223; 1981 c.468 §1; 1985 c.498 §1; 1987 c.806 §3; 1995 c.802 §1; 2001 c.870 §2]

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Ohio Cyberstalking Laws

Ohio Cyberstalking Laws

§: 2917.21 Telecommunications harassment

  1. No person shall knowingly make or cause to be made a telecommunication, or knowingly permit a telecommunication to be made from a telecommunications device under the person’s control, to another, if the caller does any of the following:
    1. Fails to identify the caller to the recipient of the telecommunication and makes the telecommunication with purpose to harass or abuse any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient;
    2. Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made;
    3. During the telecommunication, violates section 2903.21 of the Revised Code;
    4. Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient’s family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged;
    5. Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any persons at those premises.
  2. No person shall make or cause to be made a telecommunication, or permit a telecommunication to be made from a telecommunications device under the person’s control, with purpose to abuse, threaten, or harass another person.

“Telecommunication” means the origination, emission, dissemination, transmission, or reception of data, images, signals, sounds, or other intelligence or equivalence of intelligence of any nature over any communications system by any method, including, but not limited to, a fiber optic, electronic, magnetic, optical, digital, or analog method

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Posted by admin - at 5:51 pm

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North Dakota Cyberstalking Laws

North Dakota Cyberstalking Laws

North Dakota Criminal Code Title 12.1 §17-07(5)

CHAPTER 12.1-17. Assaults – Threats – Coercion – Harassment (pdf)

12.1-17-07. Harassment.

  1. A person is guilty of an offense if, with intent to frighten or harass another, the person:
    1. Communicates in writing or by telephone a threat to inflict injury on any person, to any person’s reputation, or to any property;
    2. Makes a telephone call anonymously or in offensively coarse language;
    3. Makes repeated telephone calls, whether or not a conversation ensues, with no purpose of legitimate communication; or
    4. Communicates a falsehood in writing or by telephone and causes mental anguish.
  2. The offense is a class A misdemeanor if it is under subdivision a of subsection 1 or subsection 4. Otherwise it is a class B misdemeanor.
  3. Any offense defined herein and committed by use of a telephone may be deemed to have been committed at either the place at which the telephone call or calls were made or at the place where the telephone call or calls were received.
  4. A person who telephones a 911 emergency line with the intent to annoy or harass another person or who makes a false 911 report is guilty of a class A misdemeanor.
    1. Intent to annoy or harass is established by proof of one or more calls with no legitimate 911 purpose.
    2. Upon conviction of a violation of this subsection, a person is also liable for all costs incurred by any unnecessary emergency response.
  5. Any offense defined herein is deemed communicated in writing if it is transmitted electronically, by electronic mail, facsimile, or other similar means.

12.1-17-07.1. Stalking.

  1. As used in this section:
    1. “Course of conduct” means a pattern of conduct consisting of two or more acts evidencing a continuity of purpose. The term does not include constitutionally protected activity.
    2. “Immediate family” means a spouse, parent, child, or sibling. The term also includes any other individual who regularly resides in the household or who within the prior six months regularly resided in the household.
    3. “Stalk” means to engage in an intentional course of conduct directed at a specific person which frightens, intimidates, or harasses that person, and that serves no legitimate purpose. The course of conduct may be directed toward that person or a member of that person’s immediate family and must cause a reasonable person to experience fear, intimidation, or harassment.
  2. No person may intentionally stalk another person.
  3. In any prosecution under this section, it is not a defense that the actor was not given actual notice that the person did not want the actor to contact or follow the person; nor is it a defense that the actor did not intend to frighten, intimidate, or harass the person. An attempt to contact or follow a person after being given actual notice that the person does not want to be contacted or followed is prima facie evidence that the actor intends to stalk that person.
  4. In any prosecution under this section, it is a defense that a private investigator licensed under chapter 43-30 or a peace officer licensed under chapter 12-63 was acting within the scope of employment.
  5. If a person claims to have been engaged in a constitutionally protected activity, the court shall determine the validity of the claim as a matter of law and, if found valid, shall exclude evidence of the activity.
  6. 6.
    1. A person who violates this section is guilty of a class C felony if:
      (1) The person previously has been convicted of violating section 12.1-17-01, 12.1-17-01.1, 12.1-17-02, 12.1-17-04, 12.1-17-05, or 12.1-17-07 or a similar offense in another state, involving the victim of the stalking;
      (2) The stalking violates a court order issued under chapter 14-07.1 protecting the victim of the stalking, if the person had notice of the court order; or
      (3) The person previously has been convicted of violating this section.
    2. If subdivision a does not apply, a person who violates this section is guilty of a class A misdemeanor.

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Posted by admin - at 5:48 pm

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New Mexico Cyberstalking Laws

New Mexico Cyberstalking Laws

New Mexico Statute Annotated. § c.6.12.7- Defines bullying to include “any repeated and pervasive written, verbal or electronic expression, physical act or gesture, or a pattern thereof that is intended to cause distress upon one or more students in the school, on school grounds, in school vehicles, at a designated bus stop, or at school activities or sanctioned events. Bullying includes, but is not limited to, hazing, harassment, intimidation or menacing acts of a student which may, but need not be based on the student’s race, color, sex, ethnicity, national origin, religion, disability, age or sexual orientation.”

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Posted by admin - at 4:56 pm

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Nebraska Cyberstalking Laws

Nebraska Cyberstalking Laws 28-311.02. Stalking and harassment; legislative intent; terms, defined.>

  1. It is the intent of the Legislature to enact laws dealing with stalking offenses which will protect victims from being willfully harassed, intentionally terrified, threatened, or intimidated by individuals who intentionally follow, detain, stalk, or harass them or impose any restraint on their personal liberty and which will not prohibit constitutionally protected activities.
  2. For purposes of sections 28-311.02 to 28-311.05, 28-311.09, and 28-311.10:
    1. Harass means to engage in a knowing and willful course of conduct directed at a specific person which seriously terrifies, threatens, or intimidates the person and which serves no legitimate purpose;
    2. Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including a series of acts of following, detaining, restraining the personal liberty of, or stalking the person or telephoning, contacting, or otherwise communicating with the person;
    3. Family or household member means a spouse or former spouse of the victim, children of the victim, a person presently residing with the victim or who has resided with the victim in the past, a person who had a child in common with the victim, other persons related to the victim by consanguinity or affinity, or any person presently involved in a dating relationship with the victim or who has been involved in a dating relationship with the victim. For purposes of this subdivision, dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement but does not include a casual relationship or an ordinary association between persons in a business or social context; and
    4. Substantially conforming criminal violation means a guilty plea, a nolo contendere plea, or a conviction for a violation of any federal law or law of another state or any county, city, or village ordinance of this state or another state substantially similar to section 28-311.03. Substantially conforming is a question of law to be determined by the court.

79-2,137. School district; development and adoption of bullying prevention and education policy; review.

  1. The Legislature finds and declares that:
    1. Bullying disrupts a school’s ability to educate students; and
    2. Bullying threatens public safety by creating an atmosphere in which such behavior can escalate into violence.
  2. For purposes of this section, bullying means any ongoing pattern of physical, verbal, or electronic abuse on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose by a school employee or his or her designee, or at school-sponsored activities or school-sponsored athletic events.
  3. On or before July 1, 2009, each school district as defined in section 79-101 shall develop and adopt a policy concerning bullying prevention and education for all students.
  4. The school district shall review the policy annually.

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