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Cyberbullying can lead to felony convictions in Michigan

HOUGHTON — Cyberbullying has become one of the fastest growing forms of bullying and also the most prevalent. It can be devastating to school age students, as it follows them into their homes. Cyberbullying can, and sometimes does, ends with the death of the victim.

Because of this, as of March, 2019, Michigan now recognizes cyberbullying as a crime with the signing of legislation, Public Act 457. The, law, reported the The Cybersmile Foundation, describes criminal cyberbullying as content or messages that “is intended to place a person in fear of bodily harm or death and expresses an intent to commit violence against the person”, and also includes content that “is posted with the intent to communicate a threat or with knowledge that it will be viewed as a threat.”

Under the law, cyberbullying is a crime that carries prison sentences of up to 20 years for serious offenders whose actions lead to the death or suicide of another person. The law, signed by Governor Rick Snyder, as one of his last acts of office in 2018, has been seen as a positive move forward by anti-bullying campaigners who have been calling for more to address the problem of cyberbullying among young people.

The law has two parts, Cybersmiles reported:

– The first makes cyberbullying a misdemeanor punishable by 93 days in jail and a fine of $500, though the penalty can increase depending on the severity and consequences of the harassment. For example, a bully can be sentenced to up to a year in jail if their actions cause the victim to be assaulted, while a “pattern of harassing or intimidating behavior” can get the offender up to five years custody.

– The second part of the law makes bullying and harassment a Felony if it is found to have caused death or serious injury, meaning the bully can face up to 20 years in jail. The new legislation, which comes into effect in March 2019 is hoped to act as a deterrent to those who intentionally use the Internet to cause harm to others.

Suicide is the third leading cause of death among young people, resulting in about 4,400 deaths per year, according to the Center for Disease Control and Prevention (CDC). 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.

The CDC categorizes cyberbullying as electronic aggression, and lists examples such as:

– Disclosing someone else’s personal information in a public area (e.g., website) in order to cause embarrassment.

– Posting rumors or lies about someone in a public area (e.g., discussion board).

– Distributing embarrassing pictures of someone by posting them in a public area (e.g., website) or sending them via e-mail.

– Assuming another person’s electronic identity to post or send messages about others with the intent of causing the other person harm.

– Sending mean, embarrassing, or threatening text messages, instant messages, or e-mails.

The CDC stated that It is estimated that more than 9 in 10 adolescents use some form of online communication (Center for the Digital Future, 2009), leading to increased opportunities for youth to use and be exposed to bullying online. This electronic aggression, or cyberbullying, is typically defined as intentional and repeated harm inflicted through the use of computers, cell phones, and other electronic devices.

The problem is not unique to the U.S. The World Health Organization (WHO found that while suicide ranks tenth on the list of common causes of death in adults, the numbers for younger people have been skyrocketing, raising urgent concerns about a possible link between online bullying and suicide. WHO’s 2016 study found that not only is the suicide the second most common cause of death among 15-29 year olds, but in one of more critical stats, that it accounts to 8% of all deaths in that age group.

The 2018 Michigan law was put in force in Nov. 2021, when three teenagers, two from Michigan and a third from out of state, were charged with felonies for Instagram cyberbully attacks on Michigan students, clickondetroit.com reported at the time. the report stated that three teenagers were charged with multiple felonies for using threats, intimidation and sextortion as part of an Instagram cyberbullying scheme targeting Michigan students.

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