New law makes cyberbullying a crime in Michigan

As of March 27, cyberbullying is now a crime in Michigan and punishable by jail time. Here's what you need to know about it. Photo Courtesy: iStock

While online bullying has been around for years, the situation has become such a concern that State Rep. Peter Lucido of Shelby Township wrote legislation to make cyberbullying a crime in Michigan.

In an interview with WXYZ Detroit, Lucido says, "There has to be responsibility for one's words or actions. We should all know when we cross the line with what we say no matter whether it with our voice or typed in our head. The time is now for Michigan to stop sweeping communicated threats under the rug."

The new law, House Bill No. 5017, was approved by former Gov. Rick Snyder on Dec. 24, 2018 and went into effect on March 27, 2019.

Gov. Rick Snyder signed a bill to protect students from bullying. Photo Courtesy: Whitmer campaign

The law formally defines cyberbullying as a misdemeanor. It states, cyberbullying is a crime punishable by 93 days in jail and a $500 fine. Additionally, a "pattern of repeated harassment" is a felony punishable by up to five years in prison and a $5,000 fine. Meanwhile, cyberbullying that is found to cause a victim's death is punishable by up to 10 years in prison and a $10,000 fine.

According to Lucido's bill, "cyberbullying" is defined by "posting a message or statement in a public medium forum about any other person" if both:

• "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 message or statement is posted with the intent to communicate a threat or with knowledge that it will be viewed as a threat"

WXYZ Detroit reports, "Lucido said his bills are intended to stamp out online messages or posts directly demonstrating the intent to commit violence. Online 'trolls' must be held accountable."

2018 Pew Research Survey states 59% of U.S. teens have experienced cyberbullying. Photo Courtesy: Pew Research Center

According to a 2018 Pew Research Survey, "59 percent of U.S. teens have been bullied or harassed online." The survey says young adolescents have experienced offensive name-calling, spreading of false rumors, receiving explicit images they didn't ask for, having explicit images of them be shared, and physical threats online.

Loyola Marymount University student, Francesca Xuereb, was a victim of cyberbullying in middle school. Xuereb said kids would say mean things about her online and most of them were her friends.

https://soundcloud.com/liv-esparza/francesca-xuereb-cyberbullying-experience

Researcher at the School of Social Work at Wayne State University, Jeoung Min Lee, specializes in cyberbullying and the effects it has on adolescents. According to Lee, cyberbullying is a growing problem in Michigan.

"Michigan is one of the least progressive states when it comes to bullying prevention. In fact it was the 48th state to have a state-wide anti-bullying law in place," said Lee.

Lee also said cyberbullying affects a persons physical, mental, and emotional health.

https://soundcloud.com/liv-esparza/jeoung-min-lee-interview

In 2015, 13-year-old Zoe Johnson committed suicide after being cyberbullied by classmates on Facebook. At the time, police said the social media posts did not indicate criminal wrongdoing.

According to BullyingStatistics.org, "Suicide is the third leading cause of death among young people, resulting in about 4,400 deaths per year, according to the CDC." Additionally, "For every suicide among young people, there are at least 100 suicide attempts. Over 14 percent of high school students have considered suicide, and almost 7 percent have attempted it."

To find out more about cyberbullying victims in Michigan, explore the KnightLab Timeline "A Look Into Cyberbullying In Michigan."

In an article published by MetroTimes, Snyder said in a statement, "Cyberbullying can cause just as much trauma as traditional bullying so it's important that it be considered a crime. With this bill, we are sending a message that bullying on any kind is not tolerated in Michigan."

While cyberbullying can feel anonymous, police do have the tools to determine where the threats originated, according to Lucido.

"Police officers know the person who posts," Lucido explains. "Once they know, they can knock on the door and tell the family, if the person is a minor, 'This is what your child has done.'"

According to the new law, the law applies to everyone regardless of their age. However, the juvenile prosecution and adult prosecution differ.

Juvenile division chief at the Wayne County Prosecutor's Office, Bob Heimbuch, reports to MetroParent, "Judges and referees that are part of our system have a lot of discretion in terms of what can happen to juveniles. Age and prior history are considered."

Wayne State University professor, Jun Sung Hong, said with this new law it's hard to tell if people will be more cautious about what they say on social media.

"It's difficult to tell whether people will be more cautious. I would like to think so. However, punitive measures, such as this, can also be problematic in that it overlooks ways to resolve the problem. Cyberbullying is done anonymously and sometimes, the perpetrator may use social media that maintains their anonymity. Also, not everyone is aware of the new law. As much as I would like to say this would solve the problem, I think cyberbullying will persist," said Hong.

Dr. Jun Sung Hong lecturers about homophobic bullying victimization. Photo Courtesy: Youth Inequality Justice Lab

Hong has primarily conducted research on factors associated with bias-based bullying and peer victimization of racial/ethnic minority, immigrant, LGBTQ, juvenile justice involved and impoverished adolescents and young adults in the U.S. and in South Korea.

Hong also is co-authoring a book entitled, "School Bullying, Diversity, and Disparities: Investigating Youth Vulnerability, Marginalization, and Victimization."

Through his research, Hong said he noticed more research on cyberbullying is needed.

"There is not a lot of research on cyberbullying, although it is recognized as a serious problem. The first step is to have anti-cyberbullying laws; however, punishment-based laws will not always work. It is important for the laws to state that intervention is needed not only for the victims but also perpetrators," said Hong.

With the new law rolling out, a conversation about it is prudent, Lucido said.

In an article published by MetroParent, Lucido said, "Parents need to take the initiative and step up their game a bit. Parents should talk to kids and ask them, 'Do you want to be treated the way you are treating others? Because if you do, we need to get you some help.'"

Hong suggests victims of cyberbullying speak with a trusted adult to help end the cyberbullying.

"If the cyberbullying victim is a student, it would be important to involve both his or her parents and teachers. Adults need to be educated about cyberbullying and the harmful outcomes associated with cyberbullying. Also, for younger, victims, parents need to be taught to monitor their children's activities on social media. Victims need to be aware of the importance of telling his or her parents," said Hong.

For more information on what cyberbullying is and what parents can do about it, parents can go to The Center For Parenting Education.The Center, according to their website, "is committed to educating and supporting parents in their efforts to foster confidence, responsibility, and compassion in their children."