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