Topics on this page

• What is bullying?
• What to do if I am being bullied?
• Can I fight back if someone bullies me?
• Grace's Law

 

What is bullying?

Bullying occurs when you are intentionally, repeatedly harassed or intimidated by another student. Bullying can be verbal, physical, written, or electronic conduct. Bullying includes threats and nasty remarks as well as physical actions like pushing or hitting, written conduct, and damaging your property. Bullying also includes electronic communication (e.g., telephone, cell phone, computer, social media). This is often referred to as "cyberbullying."

It is considered bullying if the other student's words or actions prevent you from doing well in school or enjoying after-school activities, or if the conduct substantially interferes with your physical or psychological well-being. Bullying is conduct that occurs on school property, at a school activity or event, or on a school bus. Conduct that occurs in other places is also considered to be bullying if it substantially disrupts the orderly operation of a school.

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The Maryland State Department of Education's page on bullying prevention provides the following information:

Bullying refers to conduct that:

• Adversely affects a student's ability to participate in or benefit from the school's educational programs or activities;
• Is a result of repeated negative actions (intentional, aggressive behavior) by one or more other students over time; and
• Occurs in a relationship in which there is an imbalance of power.

A student is harassed when he or she perceives or actually experiences discomfort with identity issues in regard to race, color, national origin, gender, disability, sexual orientation, religion, or other identifying characteristics, and whose ability to participate in and benefit from the school's educational programs or activities is adversely affected.  Harassment causes harm from discriminatory conduct that is pervasive or severe.

A student is bullied when he or she is exposed repeatedly and over time to intentional negative actions on the part of one or more students, and whose ability to participate in and benefit from the school’s educational programs or activities is adversely affected.  Bullying causes harm from repeated negative conduct in a relationship with an imbalance of power.

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Read the law: Md. Code, Education §§ 7-424, 7-424.1, 7-424.3; Criminal Law §§ 3-607, 3-805

Read the regulation: Code of Md. Regulations 13A.01.04.03

 

What to do if I am being bullied?

If you are being bullied, you should:

• Tell a parent, a teacher, a counselor or someone who can help.
• Try not to show anger or fear.
• Calmly tell the student to stop.
• Walk away.
• Try to avoid situations where bullying is likely to happen.

How can you help someone else who is being bullied?

• If you feel safe, tell the bully to stop.
• Don't encourage the bullying.
• Be a friend to the student being bullied.
• Tell a parent, a teacher, a counselor or someone who can help.
• Encourage the student being bullied to tell an adult.

 

Can I fight back if someone bullies me?

If you hit back, you could be guilty of an assault on the bully. Even though in court you could say it was self-defense, that's something you would have to discuss with a lawyer. The bully could be guilty of an assault on you, if he or she hits you or you're afraid that he or she may be ready to hit you. Try to walk away from people who want to hurt you.

Bottom line: if you're being bullied, tell your parents, school officials, or the police.

 

Grace's Law

Grace's Law prohibits a person from maliciously engaging in conduct, through the use of electronic communication, that alarms or seriously annoys another person:

• with the intent to harass, alarm, or annoy the other person;
• after receiving a reasonable warning or request to stop; AND
• without a legal purpose.

Communications

“Electronic communication” means the act of transmitting any information, data, writing, image, or communication by the use of a computer or any other electronic means, including e–mail, instant messaging, websites, social media, network calls, fax, or any other Internet–based communication tool.

A person may not maliciously send an electronic communication if:

• the electronic communication is part of a series of communications and has the effect of
  • (1) intimidating or harassing a minor and
  • (2) causing physical injury or serious emotional distress to a minor; AND
• the person engaging in the electronic communication intends to
  • (1) intimidate or harass the minor and
  • (2) cause physical injury or serious emotional distress to the minor.
• in the case of a single significant act, the communication:
  • is made after receiving a reasonable warning or request to stop;
  • is sent with a reasonable expectation that the recipient would share the communication with a third party; OR
  • shocks the conscience.

Conduct

“Electronic conduct” means the use of a computer or a computer network to:

• build a fake social media profile;
• pose as another, including a fictitious person in an electronic communication;
• disseminate or encourage others to disseminate information concerning the sexual activity of a minor;
• disseminate a real or doctored image of a minor;
• engage or encourage others to engage in the repeated, continuing, or sustained use of electronic communication to contact a minor;
• make a statement to provoke a third party to stalk or harass a minor; or
• subscribe a minor to a pornographic website.

A person may not maliciously engage in electronic conduct if:

• it has the effect of 
  • (1) intimidating or harassing a minor and
  • (2) causing physical injury or serious emotional distress to a minor; AND
• the person intends to
  • (1) intimidate or harass the minor and
  • (2) cause physical injury or serious emotional distress to the minor.

A person may not use an interactive computer service to maliciously engage in a course of conduct that inflicts serious emotional distress on a minor or places a minor in reasonable fear of death or serious bodily injury with the intent:

• to kill, injure, harass, or cause serious emotional distress to the minor; OR
• to place the minor in reasonable fear of death or serious bodily injury.

Suicide: A person may not violate Grace's law with the intent to induce a minor to commit suicide.

Exceptions: With the exception of engaging in a prohibited activity with the intent to induce a minor to commit suicide, there are exceptions for peaceable activity intended to express a political view or provide information to others or conducted for a lawful purpose.

Punishment: A violator is guilty of a misdemeanor and subject to imprisonment up to 3 years and/or a fine up to $10,000. However, a violator with the intent to induce a minor to commit suicide is guilty of a misdemeanor and subject to imprisonment up to 10 year and/or a fine up to $10,000.
 

Read the Law: Md. Code, Criminal Law § 3-805