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Hazing Laws (cont'd)


Minnesota - §§ 120B.22, 128C.02 and 121A.69

Prohibits acts causing a substantial risk of harm to a student for the purpose of initiation. School boards and school sports leagues must adopt written anti-hazing polices and anti-violence education.

Mississippi - § 97-3-105
A fine of up to $1,000 punishes the substantial risk of injury to a person. If an injury does result then the punishment is increased to a fine of $2,000 and/or imprisonment for up to 6 months.

Missouri - §§ 578.360, 578.363 and 578.365
Class A misdemeanor; Class C felony if the act creates a substantial risk to the life of the person. Educational institutions must adopt written policies prohibiting hazing by student organizations.

Nebraska - §§ 28-311.06 to 28-311.07
Class II misdemeanor. Any organization whose members commit hazing may be fined up to $10,000. Alumni organizations and any organization, which own the house or real estate of a student organization, are specifically excluded.

Nevada - Senate Bill 297 Approved May 24, 1999.
A misdemeanor or gross misdemeanor depending if substantial bodily harm results. Applies to the reckless endangerment of a person's physical health.

New Hampshire - § 641:7
Class B misdemeanor - punishments include failing to report hazing. Education institutions may also be charged with a misdemeanor for knowingly condoning hazing or negligently failing to take adequate measures to prevent student hazing.

New Jersey - Title 2C, §§ 40-3 to 40-4
Hazing is a disorderly persons offense, however if hazing results in serious bodily injury then the person is guilty of aggravated hazing, which is a crime in the fourth degree.

New York -Penal Code §§ 120.16 to 120.17
Class A misdemeanor if physical injury occurs. Second degree hazing for the substantial risk of bodily injury.

North Carolina - §§ 14-35, 14-36 and 14-38
Class 2 misdemeanor - prohibits anyone from abusing or harassing a student, or subjecting the student to personal indignity. Aiding and abetting is also punishable. Coupled with criminal punishment, a perpetrator must be expelled from the college or school.

North Dakota - § 12.1-17-10
Class A misdemeanor if physical injury results, otherwise class B misdemeanor.

Ohio - §§ 2903.31 and 2903.44
4th Degree Misdemeanor - prohibits mental and physical harm in initiation. Victims of hazing may commence a civil action for hazing. Civil liability for hazing extends to local and national directors, trustees and officers who authorized or tolerated hazing. Educational institutions may use an anti-hazing policy as an affirmative defense. Certain governmental immunity is waived for educational institutions in hazing cases. University officials as well as national fraternity officials may, under certain circumstances, be liable.

Oklahoma - § 1190
Punishment for an organization is a fine up to $1,500 and suspension of rights up to one year. The punishment for an individual is a fine up to $500 and/or imprisonment up to 90 days. Prohibits dangers to physical and mental health.

Oregon - § 163.197
Organizations may receive a fine up to $1,000 while individuals may receive a fine up to $250. Hazing is defined as an intentional act.

Pennsylvania - Chapter 24, §§ 5352 to 5354
3rd Degree Misdemeanor. Educational institutions with the power to grant associate or higher degrees must adopt an anti-hazing policy.

Rhode Island - §11-21-1
Misdemeanor with a fine of not more than $500 and/or imprisonment of not less then 30 days and not more than 100 days. Defined as any conduct or method of initiation, which endangers physical or mental health.

South Carolina - §§ 16-3-510 to 16-3-540 and 59-101-200
Misdemeanor with up to $500 in fines and/or imprisonment up to 12 months. At state supported institutions of higher learning the president is authorized at his or her discretion to suspend or expel transgressors. Failure to report hazing is also unlawful. Fraternal organizations with a minimum age limit of over 21 that do not operate in connection with an educational institution are exempt.

Tennessee - § 49-7-123
The hazing prohibition is restricted to organizations sanctioned by an institution of higher learning. Such educational institutions must adopt a written anti-hazing policy.

Texas - §§ 37.151 to 37.157 and 51.936
Class B misdemeanor, Class A if results in bodily injury. State felony if results in death. An organization may be fined if it condones or encourages hazing. Medical personnel receive immunity from liability for reporting an incident of hazing if the report is made in good faith. Statutes apply to secondary educational institutions and institutions of higher learning only.

Utah - §§ 53A-11-908 and 76-5-107.5
Misdemeanor if it involves animals, motor vehicles or no aggravating circumstances. Felony if it involves a dangerous weapon or bodily injury. Civil and criminal immunity exists for persons reporting in good faith and only regarding the report of the hazing incident.

Vermont - 16 V.S.A. §§140(a) - (d)
Provides for a civil fine of not more than $5,000. The consent or acquiescence of the victim is not a defense to a hazing charge.

Virginia - § 18.2-56
Class 1 misdemeanor, unless the injury constitutes a felony. Definition does not include a connection to initiation. A victim has the right to civil action against transgressors, whether adults or infants. The president of any school or university receiving appropriations from the state treasury must report to an attorney for the Commonwealth for prosecution any acts of transgression of this statute.

Washington - §§ 28B.10.900 to 28B.10.902
Misdemeanor - any organization that knowingly permits hazing is strictly liable for harm caused to persons or property. Directors of organizations may be held individually liable. The definition limits hazing to students attending institutions of higher learning or post-secondary institutions.

West Virginia - §§ 18-16-2, 18-16-3, 18-16-33 and 18-16-4
Amendment on March 20, 1999 requires the state board to promulgate anti-hazing rules for public schools sponsored student organizations. Misdemeanor unless the acts constitute a felony.

Wisconsin - § 948.51
Class A misdemeanor if the act is likely to result in bodily harm to a person. Class E felony if the act results in great bodily harm or death of a person.

 

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