Last December, Gov. Rick Snyder signed the Michigan Cyberbullying Law that made it a misdemeanor crime to be cyberbullying in Michigan. The Michigan Cyberbullying Law that made cyberbullying in Michigan a crime was created by Rep. Pete Lucido. He is a Republican from Shelby Township. The bill was Public Act 457 of 2018. It became law in March of 2019.
The law makes cyberbullying a crime that can be punished by up to 93 days in jail. There is a fine of up to $500.00 as well. There are also felony aspects of this crime. If there is a “pattern of repeated harassment,” a person can be charged with a felony. The felony charge carries with it a fine of up to $5,000.00 and up to five years in prison. If cyberbullying is the cause of a person’s death. A person can be punished by up to ten years in prison and a fine of $10,000.00.
So what is the definition of cyberbullying? The definition if “posting a message or statement in a public media forum about any other person and the message or statement is intended to place a person in fear of bodily harm or death and expresses an intent to commit violence against the person.
The definition of a pattern of harassing or intimidating behavior is “a serious of two or more separate noncontinuous acts of harassing or intimidating behavior.” A public media forum is “the internet or any other medium designed or intended to be used to convey information to other individuals, regardless of whether membership or password is required to view the information.
In 2015, a 13-year-old Michigan girl committed suicide because she was bullied by fellow classmates on social media.
A New Kind Of Bullying
Bullying in elementary school and bullying high school is something that has been going on for a long time. However, with the invention of the internet and smartphones, there is now a new crime: Cyber Bullying. This new online crime is becoming more and more prevalent in Michigan. Studies show us that over 80 of teenagers have and use mobile phones. College students engage on facebook on a regular basis. In fact, a study has shown that 93% of college students use Facebook. Another recent student shows that over 50 of these people have been a victim of cyberbullying. Cyberbullying occurs when someone uses mobile technologies or the internet to deliberately hurt, harass or embarrass another human being.
Cyberbullying causes negative side effects in the person who is the victim of cyberbullying. Depression, anxiety, and suicide are common forms of the most destructive effects a victim suffers because of cyberbullying. A victim of this crime will usually show signs of their stress. A parent or friend may notice failing grades, distress, withdraw from friends and family.
Location is one of the major differences between old school bullying and online cyberbullying. A person can be cyberbullied seven days a week 24 hours a day. While a bully at school may no bother their victims while school is in session. Pictures and threats posted online can be viewed by a vastly wider audience on the internet.
Cyberbullying, Defined By Michigan Law
Michigan anti-bullying laws and regulations include the following definitions of bullying and cyberbullying:
“Bullying” means any written, verbal, or physical act, or any electronic communication, including, but not limited to, cyberbullying, that is intended or that a reasonable person would know is likely to harm 1 or more pupils either directly or indirectly by doing any of the following:
(i) Substantially interfering with educational opportunities, benefits, or programs of 1 or more pupils.
(ii) Adversely affecting the ability of a pupil to participate in or benefit from the school district’s or public school’s educational programs or activities by placing the pupil in reasonable fear of physical harm or by causing substantial emotional distress.
(iii) Having an actual and substantial detrimental effect on a pupil’s physical or mental health.
(iv) Causing substantial disruption in, or substantial interference with, the orderly operation of the school.
“Cyberbullying” means any electronic communication that is intended or that a reasonable person would know is likely to harm 1 or more pupils either directly or indirectly by doing any of the following:
(i) Substantially interfering with educational opportunities, benefits, or programs of 1 or more pupils.
(ii) Adversely affecting the ability of a pupil to participate in or benefit from the school district’s or public school’s educational programs or activities by placing the pupil in reasonable fear of physical harm or by causing substantial emotional distress.
(iii) Having an actual and substantial detrimental effect on a pupil’s physical or mental health.
(iv) Causing substantial disruption in, or substantial interference with, the orderly operation of the school.
MCLS § 380.1310b (2016)