For information on cyberbullying law in your state, see our section on Bullying and Cyberbullying. For most crimes, the prosecutor need only show that the defendant did an act that the law has made illegal. The defendant need not have intended the consequences that result. For example, when someone drives recklessly and causes an accident resulting in death, the driver can be charged with vehicular manslaughter because of his driving, even though he didn't intend to cause an accident or death.
But many crimes, including harassment, require "specific intent," which is intending the specific act that one is charged with. This means that the prosecutor must show that the defendant did or said something with the intent that the communication would harass the victim. The person may intend to annoy or intimidate the victim, or the words may be designed to provoke a fight. Actions that unintentionally cause distress are not considered harassment.
For instance, someone who plays loud music and mistakenly thinks that the sound won't carry has probably not harassed his next-door neighbor. Harassment can be committed through verbal or non-verbal means. A person may use physical gestures to threaten or annoy a victim, or a person may intimidate a victim through a pattern of behavior, such as showing up at the victim's home or workplace.
In some states, harassment that involves monitoring or following the victim is known as stalking. In addition to in-person communication, harassment also occurs where a person uses an electronic device such as a phone or computer to communicate threats, sometimes anonymously.
The prevalence of the internet in everyday life has made harassment via email and social networking sites commonplace. Referred to as cyberbullying or cyberstalking, states have responded in differing ways to the growing problem. Some state legislatures have created separate statutes specifically addressing harassment that occurs online.
Virginia, for example, directly addresses harassment that occurs on the internet, making it illegal to communicate via a computer network obscene language, threats of illegal or immoral acts, and obscene suggestions. Cyberbullying can have devastating effects on victims. If you are or someone you care about is a victim, seek help.
Websites like stopbullying. You might also want to look elsewhere for location-specific information on bullying or cyberbullying; for example, you can try including the name of your state, county, city, or community in an online search. Specific harassment laws also exist to protect specific classes of persons, such as persons holding public office. Hate crime laws typically prohibit harassment that targets victims based on their age, gender, sexual orientation, or race.
For certain types of activity, many states require repeated acts or a pattern of behavior in order for a defendant to be found guilty of harassment. But where the activity involves physical contact, the threat of violence, or conduct likely to provoke a violent reaction, harassment statutes typically require only a single incident.
For example, Hawaii's harassment statute requires repeated phone calls in order for a violation of the law to have occurred, but the same statute requires only a single occurrence if the language or action is likely to cause a violent response or cause the victim to reasonably believe that the aggressor intends to physically harm the victim. In some states, it is not necessary that a person threatens immediate harm. In Washington state, for example, a person commits harassment even where the threat is to commit a physically violent act at a future time.
Other states require an immediate threat, such as California's criminal threat statute. States recognize both misdemeanor and felony forms of harassment. Michael Bradley. American Association of People with Disabilities. Cornucopia of Disability Information. Please contact the U.
While name calling is wrong and upsetting to students this is not an issue that would fall under investigation. When making a complaint against any school, be sure you understand the true meaning of bullying, as the word "bully" and "bullying" is very overused.
The emotional side effects also take their toll; you may even consider therapy to help your child through a traumatizing experience. Each case is unique, so we suggest that you come in for a free case evaluation. We will listen to your story and advise you of the next best steps. We offer our services on a contingency fee basis, so you only pay if we win.
To get started on your initial consultation today, contact us for more information. To learn more, call our law firm at or visit our contact us page to send us an email. Speak To An Attorney Now To stop bullying, adults should: Do: Intervene immediately.
Ask another adult for help if necessary. Separate any and all children involved. Make sure all parties involved are safe and unharmed. Provide any medical or mental health needs. Stay calm. Reassure the kids involved, including bystanders.
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