Most people think of bullying as a school problem. Something teachers handle. But in Maryland, bullying can actually lead to criminal charges. Seriously. The laws here are some of the strongest in the country. Let’s break down exactly what you need to know.
Whether you’re a parent, a student, or just someone trying to understand your rights, this guide covers it all. We’ll talk about what counts as bullying, what the law says, and what happens when those lines get crossed.
What Is Bullying Under Maryland Law?
Bullying is not just being mean once. Under Maryland law, bullying is unwanted behavior that involves a real or perceived power imbalance. It has to be repeated, or likely to be repeated over time. And it has to be intentional.
Pretty straightforward, right?
The law calls it “bullying, harassment, or intimidation.” All three fall under the same rules in Maryland. The behavior can be verbal, physical, written, or electronic. So yes, a nasty text message or social media post counts.
Wondering what kinds of behavior qualify? Here are some examples. Threatening someone, spreading harmful rumors, physically hurting someone, or repeatedly embarrassing them online. If it’s aimed at making someone feel unsafe or miserable, it likely counts.
Basic Bullying Laws in Maryland
The Safe Schools Act
Maryland passed the Safe Schools Act back in 2005. This law was a big deal. It required every public school district in the state to create a formal anti-bullying policy.
Every county school board in Maryland must have a policy that bans bullying, harassment, and intimidation. That policy has to follow the state’s model guidelines. Schools cannot just wing it on their own.
Not sure if this applies to private schools too? Good question. Maryland also requires nonpublic schools that receive state funding to adopt anti-bullying policies. So it’s not just public schools.
Where the Laws Apply
Here’s something a lot of people miss. Maryland’s bullying laws don’t only apply on school grounds. The rules cover bullying that happens on school property, at school events, and on school buses.
But they also cover off-campus behavior. If something happens outside of school but it disrupts the school environment or harms a student’s ability to learn, it can still fall under these rules. Honestly, this is the part most people are surprised by.
Cyberbullying and Grace’s Law
Okay, this one is really important.
In 2013, Maryland passed a law called Grace’s Law. It was named after Grace McComas, a 15-year-old from Howard County. Grace took her own life on Easter Sunday in 2012 after being relentlessly cyberbullied online. Her parents had no legal way to stop it at the time.
That changed everything.
What Grace’s Law Says
Grace’s Law made cyberbullying a criminal offense in Maryland. It was actually the first law in the country to criminalize certain social media posts directed at minors.
The law says a person cannot use a computer, phone, or any online service to maliciously harass or threaten a minor. It covers texts, emails, social media, apps, and basically any online platform. The key word here is “maliciously.” You have to intend to harm, frighten, or seriously distress the person.
In 2019, Maryland upgraded the law with Grace’s Law 2.0. This version expanded what counts as electronic harassment. It also increased the potential penalties significantly. Those are the rules still in effect today.
Penalties and Consequences
Let’s talk about what actually happens when someone breaks these laws. This is where things get serious.
School-Level Consequences
At the school level, consequences are set by each county’s policy. But all schools must include real consequences for bullying. These can range from detentions and suspensions to expulsion in serious cases. Schools also have to provide counseling and support services to both the victim and the bully.
Think of it like a sliding scale. Minor incidents may result in educational interventions. Repeated or severe bullying can lead to suspension or removal from school.
Criminal Penalties for Cyberbullying
Here’s where it gets heavy. Under Grace’s Law 2.0, cyberbullying a minor is a misdemeanor crime. But the penalties are anything but minor.
You could face up to 3 years in prison and a fine up to $10,000. That’s a serious consequence for online behavior many people think of as “just words.”
It gets even more serious. If someone uses electronic communication to try to push a minor toward harming themselves or committing suicide, they can face up to 10 years in prison and a $10,000 fine.
These are not small numbers. Think of it like a traffic ticket that turned into a felony level of seriousness.
Harassment Charges
Maryland also has general harassment laws that apply to everyone, not just minors. Regular electronic harassment is a misdemeanor. For a first offense, you could face up to 90 days in jail and a fine up to $500. Repeat offenders can face up to 180 days in jail.
Stalking, which can include online behavior, carries up to 5 years in prison and a $5,000 fine. So the consequences scale up fast depending on how severe the behavior is.
Who Can Face Charges?
Hold on, this part is important.
Both adults AND minors can face legal consequences for bullying in Maryland. The difference is where they end up. Adults go to criminal court. Most minors age 17 and under go through the juvenile justice system.
In juvenile court, consequences may include counseling, community service, educational programs, or time in a juvenile facility. But here’s the thing: minors who are 15 or older can sometimes be transferred to adult court. That means adult penalties including prison time.
You’re not off the hook because you’re a teenager. Maryland takes this seriously.
Protected Characteristics
Maryland’s bullying laws go a step further than many states. The law specifically bans bullying motivated by someone’s actual or perceived personal characteristics. This includes race, national origin, religion, sex, sexual orientation, gender identity, ancestry, disability, and socioeconomic status.
Bullying someone because of who they are makes the situation more legally serious. It may also trigger civil rights protections under federal law.
Most people don’t realize how broad this list is. It’s more comprehensive than you might think.
Special Circumstances: When Bullying Becomes a Civil Rights Issue
Sometimes bullying crosses into something even bigger. If bullying is based on race, sex, disability, or other protected traits, it may also violate federal civil rights laws.
Schools that receive federal funding, which includes most public schools, are required by law to address this kind of discrimination. The U.S. Department of Education’s Office for Civil Rights handles complaints of this nature.
This means a bullying situation can involve both school discipline and federal investigations at the same time. Less severe than a federal criminal case, but still no joke.
How to Report Bullying in Maryland
So what should you actually do if you or someone you know is being bullied?
First, stay calm and get somewhere safe if the bullying is happening in person. Your safety comes first. Always.
Next, document everything. Save screenshots of texts or posts. Write down dates, times, and what happened. Keep a record. This evidence matters a lot later.
Then report it. You can report to a teacher, school counselor, or principal. Every Maryland school is required to have a contact person who handles bullying reports. You can also use the official Bullying, Harassment, or Intimidation Reporting Form provided by the Maryland State Department of Education. It’s available online at the Maryland Public Schools website.
Don’t worry, you can also report anonymously. Many Maryland school districts have anonymous tip programs specifically for this purpose. You can report without giving your name.
If the bullying is severe, threatening, or criminal in nature, you should also contact local law enforcement. Cyberbullying that involves threats or attempts to cause serious harm is a police matter, not just a school matter.
What Happens After You Report?
After a report is filed, schools must investigate promptly. Here’s the timeline the law requires. Parents of the victim must be notified within 3 business days of a report. Parents of the alleged bully must be notified within 5 business days.
The school has to investigate and take action. Schools cannot just ignore a report. If they do, that itself can become a legal issue.
If criminal charges are involved, law enforcement handles that separately. Schools have no power to stop a police investigation or decide whether charges are filed. Those decisions rest with police and prosecutors.
Frequently Asked Questions
Can a student be expelled for bullying in Maryland? Yes. Serious or repeated bullying can result in expulsion, depending on the school district’s policy and the severity of the behavior.
Does Grace’s Law apply to adults bullying other adults? Grace’s Law specifically protects minors. However, Maryland has separate harassment and stalking laws that protect adults from similar online behavior.
What if the bullying happens on Snapchat or TikTok? It still counts. Maryland’s cyberbullying laws cover all digital platforms including social media, messaging apps, and games.
Can I get a protective order against a bully? Yes. In serious cases, you can seek a protective or restraining order through the courts. A lawyer can help you through that process.
What if I report bullying and nothing happens? You can escalate. Go above the school principal to the school district. You can also file a complaint with the Maryland State Department of Education or, in civil rights cases, with the U.S. Department of Education’s Office for Civil Rights.
Final Thoughts
Maryland has some of the most detailed bullying laws in the country. From school policies to criminal charges, the state takes this seriously. And honestly, I think that makes sense.
Now you know the basics. If you’re dealing with bullying, don’t wait. Document it, report it, and get support. When in doubt, talk to a lawyer or call local law enforcement. You have rights, and Maryland law is on your side.
References
- Maryland Code, Education §7-424 – Bullying, Harassment, and Intimidation: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=ged§ion=7-424
- Maryland State Department of Education – Bullying Prevention: https://www.marylandpublicschools.org/about/Pages/DSFSS/SSSP/Bullying/index.aspx
- StopBullying.gov – Maryland Anti-Bullying Laws & Policies: https://www.stopbullying.gov/resources/laws/maryland
- Maryland People’s Law Library – Bullying in School: https://www.peoples-law.org/bullying
- Maryland Code, Criminal Law §3-805 – Grace’s Law 2.0: https://codes.findlaw.com/md/criminal-law/md-code-crim-law-sect-3-805.html
