Georgia Law and Consequences Regarding Computer / Internet Usage for Students

1. Georgia Law and Consequences Regarding Computer / Internet Usage for Students E. Logan Butler Attorney at Law Patterson Moore Butler, LLC lbutler@pattersonmoorebutler.com 770-889-0846

2. Student Code of Conduct Off Campus behavior can be a violation Computer Software / Hardware / Downloads / Hacking Terroristic Threats, False Alarms Language and Sexual Behavior Restrictions Instigating Rule Violations Disrespectful Conduct Bullying Cell Phone Searches – (Off during school hours)

3. Student Code of Conduct Tribunal Process Suspension of more than 10 days or Expulsion Evidentiary Hearing to determine guilt and punishment May be represented by an attorney Long Term Suspension or Expulsion – Gateway Academy

4. Adult or Child for Criminal Purposes? 17 years old – treated as an adult for criminal purposes Until 18 years old – still a minor for all other purposes 13 – 17 years old – may be treated as an adult for serious offenses 13 – 17 years old may be prosecuted for designated felonies in Juvenile Court Under 17 by definition. Practically?? 9 year old prosecuted in Forsyth County

5. Georgia Law – Stalking O.C.G.A. 16-5-90 Contact another or placing them under surveillance without consent for the purpose of harassing and intimidating that person Contact includes any contact by electronic device, phone, mail, etc. Misdemeanor Offense Can be the basis for a civil protective order

6. Georgia Law – Harassing Communications O.C.G.A. 16-11-39.1 Repeated contact via phone, email, text, etc. Purpose of harassing, molesting, threatening or intimidating that person Purpose of threatening bodily harm Knowingly allowing another to use your device for harassing communications Misdemeanor offense

7. Georgia Law – Terroristic Threats O.C.G.A. 16-11-37 A threat to commit a crime of violence Release a hazardous substance Burn or damage property A misdemeanor offense unless the threat suggests the death of the other person – then it’s a felony Computer dissemination of information related to terroristic acts

8. Georgia Law – Child PornographyO.C.G.A. 16-12-100; 100.1; 100.2; 100.3 Picture or Video of anyone under 18 years old Engaged in “sexually explicit conduct” Wide range, most typical is sexting Cannot electronically distribute obscene materials to a minor Cannot electronically solicit sexual acts No obscene telephone contact with a child if over 17 Felony (5-20 years, up to $100,000 fine) Misdemeanor where: Minor at least 14 Minor consented in the visual medium Defendant 18 or younger No Distribution Unless an agreement that distribution was not for harassment, embarrassment, or intimidation

9. Georgia Law – Eavesdropping O.C.G.A. 16-11-62 Cannot overhear, record, photograph the activities of another in a private place Cannot distribute Felony offense Parent may eavesdrop within the family home to ensure the welfare of their child. O.C.G.A. 16-11-66 May record if you are a participant in the conversation.

10. Georgia Law – Computer Theft, Trespass, Invasion of Privacy, Password DisclosureO.C.G.A. 16-9-93 Using computer without authority to take any property Using computer without authority to delete data or programs, cause interference Using a computer to view private information All felony Disclosure of password Misdemeanor

11. Georgia Law – Spyware, Adware, Viruses, Deceptive Installation O.C.G.A. 16-9-152 thru 154 Cannot knowingly, willfully or with conscious indifference Modify settings such as web browser, bookmarks Collect keystroke data or web browsing data Render antivirus inoperative Relay virus via email Launch hacking attack Modify settings Induce the installation of software – say its necessary Most are Felony offenses

12. Consequences School - long term suspension or expulsion Juv. Court – Informal Adjustment Juv. Court – Finding of Delinquency Probation with conditions. Counseling, Rehab, Psych Community Service, obtain GED, make Restitution Time in YDC, camp, facility for delinquent children Commit child to DJJ custody for up to two years Delinquency is not a criminal conviction Records sealed automatically for Informal Adjustment Must apply for sealing if adjudicated delinquent

13. Questions