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