Is cyberbullying against the law?
Gone are the days when bullying at school meant a shove in the hall or insult yelled across the classroom. Bullying has gone digital with devastating consequences in some cases, including suicide. The time has come for the nation to take a stand against cyberbullying. Education, awareness, and legislation are needed to combat this growing phenomenon affecting teens and their families.
School districts are dealing with bullying incidents through codes of conduct and direct action, including suspension and expulsion. They may also refer the incident to the police for possible criminal prosecution. The act of cyberbullying (bullying through the Internet or cell phone) may be a crime, even if there is no specific cyberbullying law. It is already illegal in your state to threaten someone with injury and to harass or stalk another person. If a cell phone or the Internet is involved with any of these acts, then the victim has been cyberbullied.
Photo by Judit Klein
If you’re under 18 and charged with a cyberbullying offense, you could be taken to juvenile detention. The court decides whether to release you pending trial and under what terms you’ll be released. For example, you may be restricted from using the Internet until the case is concluded or placed on house arrest. Most likely you’ll be restricted from any contact with the victim.
If you’re found guilty of the offense, the court can place you on probation with specific terms including community service hours, counseling, and a period of time in jail or detention. You could also be eligible for a diversion program, which if completed, may let you avoid a permanent record.
It’s important to understand that even if you plead not guilty to the charge and are ultimately determined to be innocent, you could still be locked up for a period of time. Even a brief period in jail or detention may affect future ambitions including job applications, college admission and scholarship opportunities, or military enlistment. Consider the following cyberbullying cases where teens and young adults spent time incarcerated.
- In August of 2009, 18-year-old Keeley Houghton was sentenced for the online harassment of another teenager in England. Keeley was ordered to spend three months at a juvenile facility and have no contact with the victim for five years.
- Hillary Transue was 15 when she criticized her principal online and was found guilty of harassment in 2007. She was sent to a juvenile wilderness program for three months.
- In Utah, 16-year-old Ian Lake was arrested for creating a website at home that poked fun at his principal and two teachers. He spent seven days in detention, but eventually won his case after three years in court.
Bottom Line: Think B4 U Click – unintended consequences may be life-changing.
Is jail time too harsh a punishment for cyberbullies? Share what you think!
Check out Judge Tom’s book Teen Cyberbullying Investigated for more information about the legal consequences of cyberbullying and real cases about teens who found themselves in trouble.
This post was originally written for Netsmartz.org, a program of the National Center for Missing and Exploited Children. It was published on October 13, 2009.
Listen to Judge Tom talk about cyberbullying global trends and the potential legal consequences on Thomson Reuters’ podcast.
What happens if you get kicked out of school for trying to fight the person because they tried to fight you and then you leave it alone until they post things on social media and you reply and you guys just keep going back and forth but then they prosecute you?
Dear Cristal: If you’ve been charged with a crime out of this situation, talk with your lawyer. You may have a public defender who represents you, a private court-appointed attorney, or maybe your family has hired a lawyer for you. Either way, he or she will be able to answer your questions and advise you how to proceed. If you’re found guilty of the charge, you may be placed on probation for a period of time with certain conditions you’ll have to meet. Good luck.
(This is information only – not legal advice).
Yeah but what if it happens to another adult or another adult does to you?. 5 others were targeted and killed. The Ca cops ruled it as a suicide. I tried to take my own life in 2013. Can’t say much. But, as really turned my life up side down. Just doing nothing about it doesn’t do Anything. That’s the impression I’m getting.
Part II: Oops I forgot to add I’m a disabled adult with disabilities. Before I use to block, mute on a social. But ppl get kicked off for blocking to much. Or reporting too.
Dear Mike: Your impression is right. Anyone who is bullied needs to take action, even if that means telling just one person. A bullying victim is not alone by any means. And there is help in dealing with bullies but only for those who speak up. We hope you’re better now than in 2013 and careful about your use of social media. It’s a two-edged sword that can go terribly wrong if abused or over used. Moderation in all things.
(This is information only – not legal advice).
Is it considered cyber bullying if this girl non stop tells me “to kill my self and tell me my mom doesn’t care that’s why she died when she was murdered” she tells me “where’s your mom? In the grave where you belong” she told me “to hang myself from a tree” and it’s been going on for three years she doesn’t like me Bc I got drunk with an ex and I hung out with one of her friends and whenever I hang out with my friend she has her friends message me as well I have screenshots of it as well as screenshots of her telling me to come fight her and me telling her no I’m mature enough to stay away
Dear Jacey: What you describe is considered cyberbullying if done online, text, etc. Your state has laws about cyberbullying either by specifically using this word, or in calling the crime harassment, intimidation, threatening, or stalking. You can google your state’s name and “cyberbullying law” for information on this. If you are under 18, we suggest strongly that you talk with your parents or other adult you trust. Even if you’re an adult, you need to report this to someone so that you can put a stop to it. A relative, trusted friend, counselor or teacher at school, etc. You can also ask a court to issue a restraining order against this person. You don’t need a lawyer for this. Go to any local court and ask about the process to obtain a protective order. Good luck.
(This is information only – not legal advice).
My daughter was falsely accused it was the other girls fault. No charges yet and their shouldnt be. Can i counter sue if this happens?
Dear Carol: As a teen-law website, we don’t provide legal advice to our readers, whether teen or adult. You can consult a local attorney for your questions about filing a lawsuit. Some things are better left behind. Good luck.
I am 10 years old.I have been cyberbullied by an adult. It was a girl that used to be my freind and her dad cyberbullied me. i am afraid to tell my mom. help plz?
Dear Katie: We’re very sorry to hear about your circumstances. You need to tell your Mom or another adult you trust. This may be a teacher, school counselor, a relative or a friend’s parent. If you keep this secret to yourself, no one can help you put an end to this. Your Mom would want to know that this is going on so she can help you. Your friend’s dad could face consequences for his actions. Please tell someone and they can help you. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
Hi I’m a 15 year old sophomore student and I’m currently being cyberbullied by an 18 year old who graduated from my high school last year. I used to be friends with this kid, but I later ended our friendship once I figured out he’s a disgusting human being. I get constant texts of insults and I’ve been black mailed multiple times with embarrassing photos he threatens to post online. He also left a voicemail containing racial slurs and sexual undertones about me. This has been ongoing for months now. What steps can I take to file a police report? Also, what would most likely happen if I filed a report on him?
Dear Quincy: We’re sorry to hear about your circumstances with this bully. First, we highly recommend that you try talking to your parents about your situation. They may be fully understanding (and even have stories of their own that you’re not aware of) and be able to help you put an end to the bullying. You can report the situation to the police and they may conduct a follow up investigation depending on all of the facts and circumstances as well as the laws of your state. Be sure to document everything the bully does to you and save all texts, messages, etc. so they can be shared with the police if necessary. Click on your state to find out more about the specific bullying laws in your state at the following link: https://cyberbullying.org/bullying-laws Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
I might be going to jail for something I didn’t even do
Dear John: If you don’t already have a lawyer, we suggest you contact one for advice. Many criminal defense attorneys offer free initial consultations, so ask about this. You can also take a look at our Teen Help Network for lawyers where you live. Good luck.
(This is information only – not legal advice.)
Hello I am Mother of two and they have had problems with bullying and had for many YEARS now. Recently it has gotten worse for my daughter and she has adulT’s wwriting horrible things on FB. And other media sites. I never thought another parent would try to hurt another’s Child. What can I do to stop this?
Dear Deanna: We’re sorry to hear about this. You have a few options in handling this. If you know the adults involved you can approach them to discuss their behavior. You can also talk with the school where your kids go and ask that they follow thier anti-bullying policies. If it continues, notify the police and ask them to investigate this harassment. Take a look at http://www.wiredsafety.org or http://www.cyberbullying.us if your kids are being bullied online. Good luck.
(This is information only – not legal advice).
My child was cyberbullied at a private university in North Carolina. The university has been dragging its feet in addressing the matter, but finally said it would address it as a student conduct issue. What laws or other compulsions apply to a university’s handling or mis-handling of bullying charges?
Dear Bill: Take a look at this website for specific information to North Carolina on the subject of cyberbullying.
http://www.stopbullying.gov/laws/north-carolina.html
Most bullying and cyberbullying laws are directed at elementary, middle and high school districts. However, the underlying behavior, whether threats, harassment, stalking or intimidation fall under the general criminal laws of every state. So, if a crime has been committed, for example, law enforcement may become involved. As far as a university’s duty to reported victims, you have to look to their rules and regulations. You can also discuss this with a lawyer familiar with education law. Good luck.
(This is information only – not legal advice).
My name is Emily and I currently have cyberbullied somebody because I got very mad at her over all the things she teased and bullied me about. I took a picture of her in class and said I could F****** kill her, but I didn’t mean what I said. I was really mad and had nothing to calm myself so I posted it on my story on snapchat. She filed a police report on me and sent it to the district office. My mom works as a teacher at the school I go to and I just got fed up with everybody and everything. I regret it and I see how much it really hurt her feelings. I NEVER EVER EVER want to do it ever again. How can I change and deal with the crime I committed? How much trouble can I be in? How long could I be put in Juvinial detention? Could I possibly never recover from it?
Dear Emily: If you are charged with a crime due to this incident, you’ll be notified of a hearing in court. Your parents may want to speak with a lawyer before the hearing or they can wait until your rights are explained to you at court. You may qualify for appointment of a public defender to represent you. If this is your first offense, you may qualify for a “diversion program.” Once you successfully complete the terms of diversion, the case will be closed and you won’t have a record to worry about later in life. So, relax and wait to see what comes of this. We hope you’ve learned from this and think next time before posting anything negative. Good luck.
(This is information only – not legal advice).
I have a 19 year old daughter attending an upstate NY private college. Currently she is sharing a room with 2 roommates. This past weekend a friend approached her and asked if she knew that her roommates were posting things on twitter about her that we wrong, hurtful, and untrue. Are there any legal steps that can be taken before this gets out of hand and befor it mentally takes a toll on my daughter. Please let me know ASAP… A very worried Dad
Dear Victor: We’re sorry to hear about this situation. You have several options to consider. Talking with your daughter’s roommates may put an end to it and may be the best way to confront this. If the posted messages continue and constitute a crime under the law, you can report it to the police. You can also check with your local district attorney’s office (victim assistance program) for advice. An appointment with a lawyer may also help – many offer free initial consultations. As a last resort you can seek an order of protection from a court. Good luck to your daughter and family.
(This is information only – not legal advice).
“minor racism”
You should advise this person that not only is there no such thing as “minor racism”, but that he may be laying himself open to hate crime charges-and that he has no business as a high school student to be harassing middle school students, or anyone else, for that matter.
Thank you for your comments, Kriegar. You make a good point. Without knowing all of the facts of the situation and exactly what was communicated, it’s difficult to know the possible consequences a person faces.
this website helped me understand cyber bullying, but can u answer one more question? My friend sent a ONE message that contained minor racism to a student in middle school while he himself is in high school. Could he be charged at all?
Dear Michael: It depends on the laws in the state where this took place. Generally, one comment wouldn’t constitute cyberbullying or an offense, but it could if it’s a threat or act of harassment or intimidation.
(This is information only – not legal advice).
Thanks a bunch! It is an outstanding website!
Thank you.
Please take a look at TWIN JUSTICE SURVIVED (Our Stories of Bullying). The book tells the story of the Wilson Twins. The twins, Rainee and Renee, are bullied unmercifully as children but then, as adults, they come back to settle the score. The astonishing nature of Twin Justice Survived will take your breath away!
Dear Sandy: It’s sounds interesting. We’ll check it out. Thanks.
Please take a look at the book called TWIN JUSTICE SURVIVED (Our Stories of Bullying). Will this book assist with your efforts? Please advise. Thanks.
Sandy
Dear Sandy: Thanks for writing us. We’ll check out the book and let you know. Thanks.
I’m currently getting cyber bullied and harassed by several students, and even other teenagers who don’t go to my school. My mom took me out of school, and reported them all, but still, nothing has been done. I really don’t know what to do. Especially when some of them are threatening to beat me up and stuff.
Dear Katelynn: We’re very sorry to hear about your circumstances. You said that you reported them all, but we’re not sure who you reported them to. Your school and the school board needs to know about the cyberbullying. You and your Mom could request a meeting with the principal to discuss the situation. If the principal is of no help, try contacting the superintendent. Be sure to save all of the comments, messages, etc. so that you can share them with the school administrators as well as the police. If there’s any possibility of charges being filed against these students, documentation of the cyberbullying is critical so that it can be used as evidence. Finally, a report should be made with the police especially since you are being physically threatened. If you don’t get anywhere after speaking with an officer, ask to speak with his/her supervisor. Hang in there and take care of yourself.
(This is information only – not legal advice.)
where to report cyber bullying?
Dear Andreiantonino: It depends on the circumstances, but you could report it to the police if it’s been ongoing, threats have been made or you believe it constitutes online stalking or harassment. If you are a minor, be sure to tell your parents or an adult you trust like a teacher, school counselor, relative or a friend’s parent. If the cyberbullying is happening at school or from another student, a meeting with the principal or another school administrator should be requested, so the school can take action if possible and necessary. Do not keep cyberbullying to yourself. There are plenty of resources out there and people who want to help.
(This is information only – not legal advice.)
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i have a question i just got arrested yesterday i was charged with internet harrassment or somthing. i am 16, i was taken to jail but they let me go that day. my bf, who is 20 got charged with the same thing. he dosnt have a criminal record though. how long will he be in jail for ??
Dear Kallie: How long he’ll remain in jail depends on a number of factors: his criminal history (although he has none as far as you know), the facts of the case, the prosecutor’s position, policy of the court and amount of bail if one’s been set. Good luck.
(This is information only – not legal advice).
I don’t think people should be kept in jail waiting for a hearing or court unless they are actually dangerous. it just costs money.