Bullying & Cyberbullying: a Lawyer’s view

Bullying & Cyberbullying: a Lawyer’s view Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase

Bullying? “any ongoing pattern of physical, verbal, or electronic abuse . . . .�

Cyberbullying?

Cyberbullying, v: the use of technology such as computers and cell phones to engage in repeated, and hostile behavior by an individual or group, that is intended to harm others.

How Common is Cyberbullying?  one in four students between the ages of 11 and 19 have been the victim of cyberbullying.  Approximately 65 percent of kids know of someone who has been cyberbullied.

How Common is Cyberbullying? • Cyberbullying has increased dramatically in recent years. • In nationally representative surveys of 10-17 year-olds, twice as many children and youth indicated they had been victims and perpetrators of online harassment in 2005 than in1999/2000

Sexting?

Sexting, v: (a combination of sex and texting) is the act of sending sexually explicit messages or photos electronically, primarily between cell phones.

How Common is Sexting?  Sexually suggestive photos sent: • 20% overall • 22% girls • 11% young teen girls (ages 13-16) • 18 % boys

How Common is Sexting?  Sexually suggestive messages sent: • 39% of all teens • 37% girls • 40% boys  48% of teens say they have received sexting photos or messages.

Sextortion?

Sextortion, n: the act of blackmailing individuals with sexting images or message

So what’s the big deal?

School-Related Consequences  Neb. Rev. Stat. 79-2,137  Definition: “ongoing pattern of physical, verbal or electronic abuse”  Consequences: • Loss of extracurricular privileges • Detentions • Short and Long Term Suspension • Expulsion • Alternative School Assignment

Examples  Seattle, WA.: Students who “liked” Facebook page bullying a classmate all suspended  Kowalski v. Berkeley Schs (2011) • 10-day suspension from school • 90-day “social suspension”

Civil Consequences  Student and parents can be sued • Suing for money; no jail time • Homeowners insurance often pays • Judgments can result in home foreclosure and other hardship  Suit can be for: • Intentional infliction of emotional distress • Tortuous interference • Slander

Cutler v. Morales (Nev.)  Middle School student bullied • Made mean comments in school • Called her "Oompa Loompa" and "Dora the Explorer“ on FB and Twitter • Vandalized her house

 She sued five families  $10,00 0 per incident

Boston v. Doe (Ga. 2012)  “Fatbook” Profile

Boston v. Doe (Ga. 2012)  “Fatbook” Profile • Languages • Hobbies • Fake stories • YouTube Videos  School didn’t punish  Sued creators

Criminal Consequences  Neb. Rev. Stat. 28-311.01  Terroristic Threats: “threatens to commit any crime of violence …

• With the intent to terrorize another • In reckless disregard of the risk of causing such terror  Class IV Felony punishable by: • Up to 5 years in prison and/or • $10,000 fine

In re Minor Child (Ala.)  High school students arrested at school for threatening classmate on MySpace • Threatened to beat him up • Said they would plant a bomb in his locker • Said he deserved to die

 Charged with making terroristic threats

State v. Murphy (NE)  Girl’s family disliked defendant  On MySpace he wrote: • He was going to "beat the hell out of a lot of people" • He would be "killing a lot of people.“ • Told girlfriend’s sister he didn’t “want to end up killing her or her kid.”

 Charged with terroristic threats

Sexting and Bullying: Jessica Logan

Criminal Implications of Sexting  Law enforcement reports that Adults prosecuted for possession of child pornography, solicitation and child abuse  Students Prosecuted as well

Florida v. Alpert  Girlfriend sent pics  He forwarded pic to all contacts  Convicted of distribution of child pornography  On sex offender registry until he’s 43

Criminal Implications Under Nebraska Law  Neb. Rev. Stat. 28-813 et. seq.  Makes sexting (images) a class IV felony for offenders under 19  Class IIIA felony for 19 and up  Both punishable by: • Up to 5 years in prison and/or • $10,000 fine • Require sex offender registration

In re Katrina R.  15 year old texted nude pics to her BF  Was adjudicated “a child who deports herself so as to injure or endanger seriously the morals or health of herself or others” • Placed in legal custody of HHS • 6 months’ probation • Required counseling and community service.

What to do if you’re bullied

Lennon Baldwin

Joel Morales

What You Should Do       

Ignore the bully and cut off contact Hold the anger Don't get physical Practice confidence Take charge of your life Talk about it Find your (true) friends

Some Questions to Ask Yourself About what You’re Doing/Saying/Posting

What is motivating me to behave this way?

Bullies when caught were asked “why?”

• 22% motivated by revenge • 18.7% said the victim deserved it • 10.6 % said they did it for fun • 3.9% hated the victim

Am I showing respect for Others and Myself?  Long term studies of bullies show that they have greater long-term psychological damage than most victims  Bullies are five times more likely to end up with a serious criminal record by age 30

Do I want to read this post out loud to a cop or judge?

Questions?

(402) 499-0547 H & S School Law @KarenHaase

Bullying & Cyberbullying: a Lawyer’s view Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase