In general, what they did already is illegal, which is why the people involved are being charged with crimes.
http://www.cbsnews.com/8301-504083_162-20018574-504083.htmlUnder New Jersey's privacy law it is a crime to transmit or even view images that depict nudity or sexual contact with an individual without that person's consent, reports WCBS. Collecting or viewing sexual images without consent is a fourth-degree crime. Transmitting them is a third-degree crime with a maximum prison sentence of five years.
Both Ravi and Wei could face up to five years in prison if convicted.
I'd agree it isn't bullying though. I also think all these people talking about "bigotry" and "hate crimes" are stretching. From the twitter messages these articles reference, I get the impression little would have changed if Clementi'd been having sex with a woman instead.