SPARKS, NV - Sparks police say after their 6-month investigation into the Sparks Middle School shooting, two specific statutes appear not to be in violation.
Statue 200.900 talks about Cyber Bullying.
We know Joe Reyes was not experiencing that type of bullying, so that law doesn't apply to this case.
But a second statute cited by police describes another type of bullying.
However, upon examination, there are no state penalties for actually being convicted of bullying.
”The Sparks Police Department did not find sufficient facts to support a bullying charge under NRS 200-900 or the definition in NRS 388.122,” said Chief Brian Allen with Sparks police at Tuesday's press conference.
Take a look at Nevada statutes 388.122 and you can see bullying is defined as:
"A willful act which is written, verbal or physical, or a course of conduct on the part of one or more persons which is not authorized by law and which exposes a person repeatedly and over time to one or more negative actions which is highly offensive to a reasonable person, places the person in emotional fear."
Such action, the statute goes on to say, actually causes harm or serious emotional distress, exploits an imbalance of power, poses an immediate harm to the person or property, and creates a hostile environment.
But take a look further into the statute and you'll see there are no state penalties for someone convicted of "bullying"
Instead, the responsibility for taking care of the bully, and the situation he or she creates, is up to each school district in the state.
At the Washoe County School District, policies and procedures are set up to create a "bully-free" environment.
If a student or students continue the aggressive behavior, there are mechanisms to counsel the student, suspend him or her, and even have that student placed in the Jan Evans Juvenile Center.
The first anti-bullying statutes first appeared on the books in 2009 after that year's Legislature recessed.
The latest statutes appeared in 2013.
Those deal with Cyber-Bullying.