Florida advances bill to make bullying a crime

"Rebecca's Law" would make bullying and cyberbullying a misdemeanor offense with a possible year-long prison sentence.

Storified by AJAMStream· Mon, Mar 10 2014 16:11:38

We can't ever forget REBECCA #rebeccasedwick bullied to death http://t.co/gemZqrMlBKDeleted the Play

#RebeccaSedwick R.I.P #StopBullies 12 year old angel bullied to death bullying is a crime Wake up World http://t.co/CR5c4WzvloB.A.M





State Senator David Simmons spoke in favor of the bill. "People need to know that there are boundaries and right now, there are a group of people who simply don't believe that they have any boundaries, particularly on the internet," he said The bill would make in-person and online bullying a misdemeanor that would carry a year-long prison sentence on the second offense. Bullies who additionally issue threats will be charged with a third-degree felony.

Florida is not the only state to expand law enforcement's role in addressing school bullying. According to U.S. Department of Education data cited by the civil rights organization Advancement Project, more than half of the 42 states that have enacted bullying laws rely solely on punitive action rather than counseling or rehabilitation. Fifteen states allow for criminal action against bullies, and eight have created new crimes associated with bullying.

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The Advancement Project's report on the "zero-tolerance" approach to bullying says that measures intended to deter the worst of bullying cases end up affecting those who commit minor infractions: "Just as zero-tolerance for other disciplinary matters has led to severe punishments for vast amounts of developmentally normal behavior, so too can we expect these new bullying laws and policies to catch far too many students in their net." Many argue that the criminalization approach to bullying reinforces the "school-to-prison pipeline," in which harsh disciplinary practices result in youth obtaining a criminal record at a young age, making them more likely to commit future crimes.

"Rebecca's Law" comes as many Florida school districts are attempting to reduce the number of students arrested for disciplinary infractions. Student arrests have declined significantly in Florida, from 28,000 in 2005 to nearly 14,000 in 2012. But the state still arrests more students than any other state in the country, according to ColorLines.

Some characterized the Florida bill as an overreaction to a tragic incident.

I'm about as anti-bullying as it can get. This seems extreme.thinkprogress.org

There has to be a better way, the trouble is instead of taking the time and energy to find reasonable and viable solutions (no small feat) people would rather take the easy way and use jail as a quick solution for everything.care2.com

Florida Law Would Put "Bullies" in Jail http://t.co/FiAlgsW3Vo <-This is NOT the way to go, focus on prevention through education #bullyingBullying.org

Criminal justice blogger and journalist Radley Balko criticized the legislation by referring to his "rule of thumb" for laws focused on crime victims.

Here's a pretty good rule of thumb: If you're naming a piece of crime legislation after a crime victim, it's probably a bad law. It means you're legislating out of anger, or in reaction to public anger over a specific incident. That's generally not how good policy is made.talkleft.com

What do you think of "Rebecca's Law"? Leave your thoughts in the comments below.