| On a startling Court TV program, Al Roker | | | | to violate the provisions of Section 16-3-910 and any of |
| investigated the horrors of 'hazing' reportedly not only | | | | such persons do any overt act towards carrying out |
| in College sororities and fraternities, but even in high | | | | such unlawful agreement, confederation, or conspiracy, |
| schools across the country. The program was | | | | each such person shall be guilty of a felony and, upon |
| extremely revealing and shocking as it provided a | | | | conviction, shall be punished in like manner as provided |
| weatlh of information regarding so-called Greek 'hazing' | | | | for the violation of Section 16-3-910.ARTICLE |
| rituals carried out across this Nation. Unfortunately, | | | | 17.HARASSMENT AND STALKINGSECTION |
| hazing is a predominant force among colleges, schools, | | | | 16-3-1700.Definitions.As used in this article:(A) |
| military and even church groups, that it is blatantly out | | | | "Harassment" means a pattern of intentional, |
| of control. Often, supposed 'leaders' or participants of | | | | substantial, and unreasonable intrusion into the private |
| hazing are sadly protected by 'frat brothers & sisters,' | | | | life of a targeted person that causes the person and |
| school coaches, and are rarely prosecuted for hazing | | | | would cause a reasonable person in his position to |
| incidents - even those involving death. The horrors of | | | | suffer mental distress. Harassment may include, but is |
| hazing are so unbelievable that most parents would | | | | not limited to:(1) following the targeted person as he |
| shiver to think that their child could ultimately be faced | | | | moves from location to location;(2) visual, physical, |
| with such vile cruelty.What exactly is 'hazing?' | | | | verbal, written, or electronic contact that is initiated, |
| According to the NFHS' Interscholastic Athletic | | | | maintained, or repeated after a person has been |
| Administration magazine, 'Hazing is defined as: any act | | | | provided notice that the contact is unwanted;(3) |
| or ceremony which creates the risk of harm to the | | | | surveillance of or the maintenance of a presence near |
| student or to any other party and that is committed as | | | | the targeted person's:(a) residence;(b) place of work;(c) |
| a form of initiation into a particular club or activity. | | | | school; or(d) another place regularly occupied by the |
| Hazing includes, but is not limited to, activities that | | | | targeted person; and(4) vandalism and property |
| involve the risk of physical harm, whipping, branding, | | | | damage.SECTION 16-3-1710.Penalties upon conviction |
| ingesting vile substances, sleep deprivation, | | | | for harassment.(A) A person who engages in |
| over-exposure to heat or cold, restraint, nudity, or | | | | harassment is guilty of a misdemeanor and, upon |
| kidnapping. Hazing could also include include actions or | | | | conviction, must be fined not more than two hundred |
| simulations of a sexual nature, activities that create a | | | | dollars, imprisoned not more than thirty days, or both.(B) |
| hostile, abusive, or intimidating environment for the | | | | A person convicted of harassment against a person |
| student.'As a random example, the state of South | | | | within seven years of a prior conviction of harassment |
| Carolina lists the S.C. Code of Laws for hazing | | | | against or stalking of that person, or when an injunction |
| as:ARTICLE 6.HAZING SECTION 16-3-510Hazing | | | | or restraining order is in effect prohibiting this conduct, is |
| unlawful; definitions.It is unlawful for a person to | | | | guilty of a misdemeanor and, upon conviction, must be |
| intentionally or recklessly engage in acts which have a | | | | fined not more than one thousand dollars, imprisoned |
| foreseeable potential for causing physical harm to a | | | | not more than one year, or |
| person for the purpose of initiation or admission into or | | | | -----------Clearly, we can see that all of the above laws |
| affiliation with a chartered or nonchartered student, | | | | directly coincide with incidents of 'hazing.' Deplorably, |
| fraternal, or sororal organization. Fraternity, sorority, or | | | | these laws reflect similar views across the Nation and |
| other organization for purposes of this section means | | | | are in incredible need of revisioning. In addition to this, |
| those chartered and nonchartered fraternities, | | | | Alaska, Hawaii, Montana, New Mexico, South Dakota |
| sororities, or other organizations operating in connection | | | | and Wyoming have absolutely no anti-hazing laws. To |
| with a school, college, or university. This section does | | | | find out how your individual state laws are written, you |
| not include customary athletic events or similar | | | | can review them by going to StopHazing.org for a |
| contests or competitions, or military training whether | | | | complete list of states.In a report written by Greg |
| state, federal, or educational.SECTION | | | | Toppo of USA Today in 2004, there were 48 |
| 16-3-520.Unlawful to assist in or fail to report hazing.It is | | | | school-related violent deaths from August through |
| unlawful for any person to knowingly permit or assist | | | | June alone. In his article, he writes, 'President Bush's |
| any person in committing acts made unlawful by | | | | 2005 budget proposes a 40% drop in spending for |
| Section 16-3-510 or to fail to report promptly any | | | | juvenile crime prevention, following a 44% cut...' For |
| information within his knowledge of acts made unlawful | | | | more literature on hazing, read 'Too Cruel for School,' |
| by Section 16-3-510 to the chief executive officer of | | | | by People Magazine (compliments of HazingLaw.com), |
| the appropriate school, college, or university.SECTION | | | | '511 Dangerous Traditions: Hazing Rituals on Campus |
| 16-3-530.Penalties.Any person who violates the | | | | and University Liability,' (Journal of College and |
| provisions of Sections 16-3-510 or 16-3-520 is guilty of | | | | University Law) or 'Brutal Rituals - Dangerous Rites' |
| a misdemeanor and, upon conviction, must be punished | | | | (the American School Board Journal).Is 'hazing' child's |
| by a fine not to exceed five hundred dollars or by | | | | play or violent crime? I'd like to refer back to the list of |
| imprisonment for a term not to exceed twelve months, | | | | laws above for that answer. It is plain to see that |
| or both.SECTION 16-3-540.Consent not a defense.The | | | | hazing groups are liken to that of sociological |
| implied or express consent of a person to acts which | | | | destructive cult groups. A shared trait of both |
| violate Section 16-3-510 does not constitute a defense | | | | sociological cults and hazing members, are that they |
| to violations of Sections 16-3-510 or | | | | both isolate their victims or 'pledges' from friends and |
| ------------------If we look at this law, we can clearly see | | | | relatives to gain private access, and better control |
| how vaguely defined the hazing law is. In fact, the | | | | over them. Additionally, they both tend to brainwash |
| penalties are a gross insult to student or other individual | | | | members or prospective members into believing their |
| victims of 'hazing incidents.' In one breath, it states that | | | | ideals and practices. A good checklist to review on |
| '...it is unlawful for a person to intentionally or recklessly | | | | cult-like behavior can be found on a Cult Checklist. |
| engage in acts which have a forseeable potential for | | | | (Checklist can be found at a social issue, hazing is a |
| causing physical harm to a person...' Then if we scroll | | | | volatile crime that should not only be prosecuted to the |
| down on the same code of laws' page, we find the | | | | fullest extent of assault, battery, rape and other |
| following set of similar laws, exluding hazing by | | | | criminal laws; but also, any community leaders such as |
| -----------------Article 7ASSAULT AND CRIMINAL | | | | coaches, teachers, etc. should be held accountable for |
| SEXUAL CONDUCTSECTION 16-3-620.Assault and | | | | inaction to prevent hazing incidents when they are |
| battery with intent to kill.The crime of assault and | | | | aware or condone such events. Today, hazing is still |
| battery with intent to kill shall be a felony in this State | | | | considered 'child's play' by many communities that yield |
| and any person convicted of such crime shall be | | | | a blind eye to hazing rituals. In most cases, victims are |
| punished by imprisonment not to exceed twenty | | | | humiliated, physically tortured, mentally abused, |
| years.SECTION 16-3-654.Criminal sexual conduct in the | | | | molested, raped, and live with emotional and physical |
| third degree.(1) A person is guilty of criminal sexual | | | | scars that may last a lifetime. Hazing victims are |
| conduct in the third degree if the actor engages in | | | | usually forced to leave schools, institutions and other |
| sexual battery with the victim and if any one or more | | | | organizations in fear of their lives.Hazing is NOT child's |
| of the following circumstances are proven:(a) The | | | | play. It is a violent act or acts that sometimes leads to |
| actor uses force or coercion to accomplish the sexual | | | | a senseless, fatal crime. As a parent, it appauls me |
| battery in the absence of aggravating | | | | that a Nationwide law has not been legislated to |
| circumstances.(b) The actor knows or has reason to | | | | prevent or legitimately prosecute hazing organizations. |
| know that the victim is mentally defective, mentally | | | | A formidable form of 'child's play,' hazing is considered |
| incapacitated, or physically helpless and aggravated | | | | light-hearted and a simple 'initiation process' until it |
| force or aggravated coercion was not used to | | | | happens to your child, your niece or nephew, or your |
| accomplish sexual battery.(2) Criminal sexual conduct | | | | sibling.There are several organizations, like |
| in the third degree is a felony punishable by | | | | StopHazing.org that advocates total elimination of |
| imprisonment for not more than ten years, according | | | | Hazing and offers in-depth resources, support and a |
| to the discretion of the court.ARTICLE 9.KIDNAPPING | | | | free sign-up form (See site) for individuals interested in |
| SECTIONSECTION 16-3-910.Kidnapping.Whoever shall | | | | supporting their efforts.Hank Nuwer, a leading |
| unlawfully seize, confine, inveigle, decoy, kidnap, abduct | | | | researcher in citing hazing incidents and deaths, has |
| or carry away any other person by any means | | | | written several informative books on hazing. Per his |
| whatsoever without authority of law, except when a | | | | website, (hazing.hanknuwer.com), Mr. Nuwer provides |
| minor is seized or taken by his parent, is guilty of a | | | | beneficial resources to individuals about hazing |
| felony and, upon conviction, must be imprisoned for a | | | | incidents, external links, laws, and much more.In a 'moral' |
| period not to exceed thirty years unless sentenced for | | | | and civilized society, hazing should never be tolerated. |
| murder as provided in Section 16-3-20.SECTION | | | | You can make a world of difference...stay informed, |
| 16-3-920.Conspiracy to kidnap.If two or more persons | | | | get involved, be aware and stop hazing in its tracks |
| enter into an agreement, confederation, or conspiracy | | | | before it touches you personally. |