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Cyber Bullying Laws

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Cyber Bullying While bullying has been a problem for generations, the issue has only grown because of the expanded use of the Internet and the anonymity it provides. People can pretend to be someone else and are more willing to say and do things they may not otherwise do in person. This can make cyber bullying a more serious issue than bullying that can quickly and easily be attributed to a specific individual. Some cyber bullying makes it easy to determine who is behind it, but many other cases can take much longer to come to a resolution and provide the victim with relief. In Pennsylvania, there are cyber bullying laws in effect designed to help fight against these issues.

What Is Cyber Bullying?

Before exploring the Pennsylvania laws regarding cyber bullying, it’s important to gain a full understanding of exactly what it is. Cyber bullying, in basic terms, refers to the act of harassing or stalking another individual through electronic means. While most people see bullying as threatening physical harm or causing emotional harm by taunting an individual in person, many of these same actions can take place through online methods, particularly social media. Because more teenagers are using the Internet to interact with each other, it has become a popular way to bully others. Few teens understand the full consequences of this behavior and can thus find themselves breaking the laws, even if they are unaware of what those laws are.

School Bullying Laws in Pennsylvania

Pennsylvania doesn’t have cyber bullying laws in particular, but the laws they do have extends to bullying through electronic means, which is basically the definition of cyber bullying. According to the Pennsylvania statutes, as of January 2009, all schools within the state must create and implement anti-bullying strategies in an attempt to protect their students from the dangers of cyber bullying. While traditional bullying is something many people will agree is damaging to a young person’s psyche, as well as increases the likelihood of committing suicide, many people have yet to recognize the damages online bullying can cause. However, because children often use the Internet at home, as well as at school, they don’t get a break from the bullying and it can potentially cause more damage, especially when the child doesn’t know who is behind the attacks.

In the state of Pennsylvania, schools must create an anti-bullying policy that includes electronic forms and educate parents and students on what is covered under the law and what the consequences of participating in such behavior will be. In fact, the law requires all schools to make their anti-bullying policy available publicly through their website so it can be reviewed by concerned parties at all times. This policy must be reviewed every three years to ensure it is up-to-date and provides the protection students need to feel safe in a school environment, even when they are interacting with other students through online media. However, schools are not held liable for actions outside of the school grounds or those that don’t occur during a designated school event that may be held off campus. This can leave a lot of students unprotected when they are in their own homes after school hours.

Pennsylvania Laws

To ensure everyone is protected at all times, not just students when they are in a school environment or participating in a school-sponsored event, Pennsylvania has implemented its own set of laws that will govern acts that take place electronically and in person at any time. This protection isn’t known as protection against cyber bullying, but since it does cover electronic media, it qualifies. According to the laws written in Pennsylvania, harassment, which also is defined as bullying, is an action that is designed to alarm, harm or annoy another person. This can mean repeated communication via an anonymous account, communicating with inappropriate language, reaching out at inappropriate hours of the day or otherwise communicating in an unwanted manner.

In addition to these general laws that apply to everyone, the state has specific harassment laws that pertain to children in particular. This is designed to offer the additional protection young, impressionable individuals may need to help prevent suicide and other long-term psychological effects of cyber bullying. This addition to the law covers making disparaging remarks about a child’s appearance, sexuality, physical or mental health or a number of other features, particularly those beyond their control.

Cyber bullying has become a more serious issue as the Internet is more widely used, particularly among younger age groups. Being able to hide behind a screen with an anonymous name often makes it easier to say things someone wouldn’t say directly to a person. Therefore, it’s important for states to implement cyber bullying laws to protect all of their citizens from harm, even through electronic media.

Photo Credit: JLM Photography.cc

The First 48: What Reality TV Can Teach You About Your Miranda Rights

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Viewers of the reality TV program “The First 48” know that the show follows a police investigation during the first forty-eight hours following a homicide. The show highlights the premise that the odds are stacked against the investigating team, “if they don’t get a lead within the first forty-eight hours.”

Police Investigators At Work

As the cases featured in the episode unfold, viewers watch as the investigators attempt to put a story together as to what happened, why and who is involved. Typically, police investigators depend on the subjects they are interviewing to freely offer information that could potentially incriminate them. Some viewers might be surprised to see just how frequently suspects waive their Miranda Rights and converse with the police without an attorney present. Often, it appears to be only those most experienced with criminal matters and those most savvy in dealing with law enforcement who immediately invoke their right to an attorney.

Invoking Miranda Rights Should Mean That Questioning Stops

When a person invokes their Miranda Rights, the police must cease questioning until an attorney is present. Viewers of “The First 48” know that this often appears to halt police investigations in their tracks. Sometimes, the investigating team is visibly distraught because without the suspect self-incriminating, the case can not immediately move forward.

Why You Should Always Request An Attorney Be Present

Most police investigators are honest, hard working people who want to serve their communities. However, mistakes can still be made and bias still exists. If you are a suspect in a criminal case or potentially involved in any way, you should not speak with the police without an attorney present.

If you find yourself detained by law enforcement, please remember the following:

  1. Despite what the police investigators may claim, they are not your friends. They are not there to help you. Only an attorney can do that if you are charged with a crime. The police are there to investigate, skillfully extract information and potentially charge and arrest you, period.
  2. If the police think that they have enough evidence to arrest you; they will. Talking to them and freely offering information that can and will be used against you is only making their job easier and your situation worse. They want to close the case and go home to dinner and their families. Invoking Miranda or not, either way you’ll be going to jail, at least until you can post bond. Don’t make your situation potentially far worse than it has to be by self-incriminating. Frequently, the evidence that the police use to obtain arrest warrants can be successfully challenged in court. It is your right to remain silent. Use it.
  3. The most important four words to remember whenever you have been read your Miranda Rights are, “I want a lawyer.” This is the only sentence you should speak after you have heard the words, “anything you say can and will be used against you in a court of law.”

All of the criminal defense attorneys at DRK Lawyers are former assistant district attorneys. We understand criminal cases and defense from both sides of the courtroom. We use our trial experience and knowledge of the government’s tactics to help defend our clients every day in the state of Pennsylvania. If you are facing criminal charges, please contact our team today. There is never a charge for your initial consultation.