The MySpace suicide case had been the landmark first prosecution over accusations of cyber-bullying.

Megan Meier, from Darden Priarie,  Missouri, was the victim of cyber-bullying.  She took it hard and killed herself three years ago after receiving a string of nasty messages from an online male friend. When police investigated they found that the bully’s identity was a hoax operated by a 50 year woman named Lori Drew - the mother of another teenager who had been friends with Meier.

Despite Lori Drew having been found guilty on a number of misdemeanors last November, US District Judge George Wu overruled the jury in the original trial and said that Drew should be acquitted.

Public outcry - rightly so - grew, and Lori Drew - who initially referred to the cyber-bullying as a “joke” - became the subject of widespread outrage and condemnation.

But with out clear laws in place to specifically address cyber-bullying, prosecutors struggled to build a case against Drew. Local prosecutors in Missouri failed to take the case forward, eventually leading to the authorities in California - who argued they had jurisdiction because MySpace is based in Los Angeles - to prosecute.

After legal arguments and a short trial, Drew was only found guilty of three reduced charges relating to her misuse of computers, while the jury failed to reach a verdict on a fourth charge of criminal conspiracy.

“Is a misdemeanor committed by the conduct which is done every single day by millions and millions of people?” Wu asked lawyers at a hearing last month. “If these people do read [the terms of service] and still say they’re 40 when they are 45, is that a misdemeanor?”

Megan’s family had argued that Drew should be held responsible for her actions, particularly since they were clearly intended to manipulate a child. Prosecutors had sought the maximum three-year prison sentence and a $300,000 fine.

I’m not a lawyer yet … but even I can see the difference between lying about your age and impersonating another child with the ultimate goal of gaining a child’s trust and then encouraging them to kill themselves.   The exact words were, ”the world would be a better place without you”.

For example,

Reckless driving is a misdemeanor is most states. Its where the driver of an automobile behaves recklessly; the driver often misjudges common driving procedures, often causing accidents and other damages.

Vehicular homicide, is the unlawful killing of another with the use of a vehicle. Neither malice aforethought nor intent to kill is required. Depending on intent, vehicular homicide can be a felony or a misdemeanor. Vehicular homicide is often a direct result of reckless driving. When someone dies, the charge becomes much more serious.

Why then, wouldn’t Lori Drew be convicted of cyber-bullying homicide? She was behaving recklessly. The reckless behavior should carry a fine and time in jail. But when she caused Megan’s death, she should have been held accountable.