There are many different types of bullying – verbal, physical, social, and online are some examples. Some bullying in Maryland is against the law – and if you’re found guilty, you could face prison time, huge fines, and other consequences.
What is bullying?
According to Psychology Today, bullying involves a pattern of repeat and intentional harm and humiliation that often targets people who are younger, weaker, smaller, and vulnerable. Bullying generally involves repeat behavior and involves using some imbalance of power.
According to stopbullying.gov (a government site that focuses on bullying of children but that also can apply to adults), bullying includes:
- Verbal bullying. This type of bullying includes calling someone names, teasing them, the use of inappropriate sexual comments, taunting, and threats of harm.
- Social bullying. This type of bullying involves hurting a person’s reputation or social relationships. Examples include spreading rumors, leaving someone out of an activity on purpose, and the public embarrassment of someone.
- Physical bullying. Physical bullying includes harming (hitting, punching, kicking, or pinching) someone, spitting, tripping, pushing, and breaking someone’s possessions.
Cyberbullying generally involves the use of the Internet, social media, cell phones, and every other type of electronic communication.
Maryland’s bullying laws
As we’ve written, Maryland’s anti-bullying laws generally protect specific groups of people based on their personal characteristics (such as race, marital status, sexual orientation, disability, and national origin), physical attributes, socioeconomic status, and other attributes. Some of Maryland’s anti-bullying laws (laws that make bullying a criminal offense) include the following:
Educational Bullying Laws in Maryland
According to Stopbullying.gov, Mayland’s student anti-bullying law defines bullying, harassment, and intimidation as “intentional verbal, physical, written, or intentional electronic communications” that:
Create a hostile educational environment by “substantially interfering with a student’s educational benefits, opportunities, or performance, or with a student’s physical or psychological well-being” if the conduct is:
Motivated by the various personal characteristics in the above discussion, or are sexual in nature – including sexual descriptions and depictions of a student, or
Involve threats or serious intimidation.
The instances of bullying, harassment, or intimidation must occur on school property, a school bus, a school activity or event, or substantially affect the school’s orderly operation.
“Electronic communication” means a communication transmitted using an electronic device, including a telephone, cellular phone, computer, or pager.”
The law encourages the Maryland Education Department and county boards of education to implement protective policies, including standards for reporting and responding to bullying.
Cyberbullying – Grace’s Law
In October 2013, Maryland enacted Grace’s Law, which criminalizes the improper use of interactive computer services. There are specific definitions of Grace’s Law for many terms, such as electronic communications and electronic conduct (we describe them below) and interactive messaging and social media.
- Electronic communication. An electronic communication “means the act of sending any information (writing, images, data, or other communications) through the use of a computer or other electronic devices (including e-mail, instant messaging, websites, social media, network calls, fax, or any other Internet-based communication tool.”
- Electronic conduct. Electronic conduct means using a computer/computer network to build a fake social media profile, pose as a fictitious person, encourage others to send information about the sexual activity of a minor, send a real or fake image of a minor, engage in or encourage others to continually use electronic communications to contact a minor, and other electronic conduct.
- Interactive computer service. This term means “an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a system that provides access to the Internet and cellular phones.”
What type of bullying is illegal under Grace’s Law?
Electronic communications are illegal if the defendant has the intent AND the conduct has the effect of harassing or intimidating a minor or causing a minor, severe emotional distress or physical injury.
You can be charged with a bullying crime under Grace’s Law if you maliciously use an interactive computer service in the course of conduct that:
“inflicts serious emotional distress on a minor or places a minor in reasonable fear of death or serious bodily injury with the intent:
(i) To kill, injure, harass, or cause serious emotional distress to the minor; or
(ii) To place the minor in reasonable fear of death or serious bodily injury.”
A single malicious significant electronic communication act or course of conduct is illegal if the defendant’s conduct (considered as a whole) has the intent and the effect of “intimidating or harassing a minor, and causing physical injury or serious emotional distress to a minor” – if the single communication:
- “Is made after receiving a reasonable warning or request to stop
- Is sent with a reasonable expectation that the recipient would share the communication with a third party; or
- Shocks the conscience.”
A person may not violate this section with the intent to induce a minor to commit suicide.
A violation of Gracie’s law is a misdemeanor with a possible prison sentence of up to three years and a $10,000 fine. If a defendant is charged with intending to induce a minor to commit suicide, the crime is a misdemeanor that can result in up to 10 years and/or a fine of up to $10,000.
At Drew Cochran, Attorney at Law, we understand how frightening it is to face criminal charges. For over 20 years, we’ve helped obtain dismissal, acquittals, plea bargains, and alternatives to incarceration for many of our clients. Many government cases have Constitutional, legal, factual, and practical flaws. To speak with a respected Annapolis and Ellicott City bullying defense lawyer, call me now or use my contact form to schedule a consultation. We’ll fight to preserve your freedom.
And remember: Keep Calm – and Call Drew.
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