TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 9

ASSAULT AND BATTERY

18-917A.  Student harassment — Intimidation — Bullying. (1) No student or minor present on school property or at school activities shall intentionally commit, or conspire to commit, an act of harassment, intimidation or bullying against another student.

(2)  As used in this section, "harassment, intimidation or bullying" means any intentional gesture, or any intentional written, verbal or physical act or threat by a student that:

(a)  A reasonable person under the circumstances should know will have the effect of:

(i)   Harming a student; or

(ii)  Damaging a student’s property; or

(iii) Placing a student in reasonable fear of harm to his or her person; or

(iv)  Placing a student in reasonable fear of damage to his or her property; or

(b)  Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for a student.

An act of harassment, intimidation or bullying may also be committed through the use of a landline, car phone or wireless telephone or through the use of data or computer software that is accessed through a computer, computer system, or computer network.

(3)  A student who personally violates any provision of this section may be guilty of an infraction.

History:

[18-917A, added 2006, ch. 313, sec. 3, p. 973; am. 2015, ch. 289, sec. 1, p. 1161.]