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BULLYING BY USE OF ELECTRONIC COMMUNICATION DEVICE

This article is current as of 4/19/2017.
*This Article is intended to provide general information. It is not a substitute for advice from Mueller, Hinds, and Associates, Chtd. or any of its attorneys regarding your particular case. If you have questions, please contact our office at Tel: (702) 940-1234. If you are reading this article and you believe you are a victim of bullying, here is a link that may offer assistance. http://bullyfreezone.nv.gov/


In Nevada, bullying through use of electronic communication committed by under 18 years of age is considered a crime. This crime will be prosecuted in the juvenile court. A first offense will require supervision, and the judge will likely impose restrictions and issue orders such as: mandatory curfew, loss of driving privileges, no Internet access, and mandatory school attendance.
If someone commits more than one offense, the judge may adjudge the child a delinquent and order him detained for up to six months in a juvenile detention facility.
NRS 200.900 addresses bullying by minors under 18 years of age.


1.  A minor shall not knowingly and willfully use an electronic communication device to transmit or distribute, or otherwise knowingly and willfully transmit or distribute, an image of bullying committed against a minor to another person with the intent to encourage, further or promote bullying and to cause harm to the minor.


2.  A minor who violates subsection 1:
(a) For the first violation, is a child in need of supervision, as that term is used in title 5 of NRS, and is not a delinquent child; and
(b) For the second or a subsequent violation, commits a delinquent act, and the court may order the detention of the minor in the same manner as if the minor had committed an act that would have been a misdemeanor if committed by an adult.


3.  For the purposes of this section, to determine whether a person who is depicted in an image of bullying is a minor, the court may:
(a) Inspect the person in question;
(b) View the image;
(c) Consider the opinion of a witness to the image regarding the person’s age;
(d) Consider the opinion of a medical expert who viewed the image; or
(e) Use any other method authorized by the rules of evidence at common law.


4.  As used in this section:
(a) “Bullying” means a willful act which is written, verbal or physical, or a course of conduct on the part of one or more persons which is not otherwise authorized by law and which exposes a person one time or repeatedly and over time to one or more negative actions which is highly offensive to a reasonable person and:
(1) Is intended to cause or actually causes the person to suffer harm or serious emotional distress;
(2) Poses a threat of immediate harm or actually inflicts harm to another person or to the property of another person;
(3) Places the person in reasonable fear of harm or serious emotional distress; or
(4) Creates an environment which is hostile to a pupil by interfering with the education of the pupil.
(b) “Electronic communication device” means any electronic device that is capable of transmitting or distributing an image of bullying, including, without limitation, a cellular telephone, personal digital assistant, computer, computer network and computer system.
(c) “Image of bullying” means any visual depiction, including, without limitation, any photograph or video, of a minor bullying another minor.
(d) “Minor” means a person who is under 18 years of age.

As of the date of writing this article, there is no Nevada case law available.

 

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