Cyberbullying is using technology to threaten, harass, embarrass or target another person. Some of the most common types of cyberbullying include:
- Threats on online social media
- Rude texts
- Mean or negative tweets
- Posting personal information and/or videos that are intended to hurt and embarrass someone
Cyberbullying also can include pictures, messages or web pages that are not taken down, after the person has requested it.
In some cases, cyberbullying actually can be considered a form of harassment. Intimidation or meanness that focus on your gender, sexual orientation, race or religion would be considered harassment. No matter if the bullying is done in person or via the Web, this type of nastiness qualifies as discrimination and is actually illegal in many states today. This means that law enforcement can get involved in extreme cases of cyberbullying, and bullies can face prosecution.
Cyberbullying has unique aspects that differentiate it from other types of bullying:
- Persistent: Digital devices allow people to communicate all the time, 24 hours per day, 7 days per week. It can be hard for children and teens who are being bullied to get any relief.
- Permanent: Most information that is stated online is both public and permanent unless specific action is taking to remove it. Having negative online items about oneself can lead to negative effects including difficulty getting work, getting into college and getting scholarships.
- Hard to see: Teachers and parents may be unaware of much of the bullying that occurs online because it cannot be seen or heard.
Cyberbullying Laws
There are no federal laws at this time that address bullying or cyberbullying. But bullying does overlap with discriminatory harassment if it is based upon race, color, sex, age, religion or disability. In some cases, federal stalking charges can be brought against offenders.
If the bullying become harassment as defined above, schools that receive federal funds are obligated to get this problem resolved.
At this time, cyberbullying is primarily covered by state law. Many states have enacted laws outlawing cyberstalking and cyber harassment. Also, many states are now enacting laws that explicitly outlaw cyberbullying. At least 44 states have some laws on cyberbullying.
For example, the state of Massachusetts has passed a law that prohibits bullying on school grounds or at a school sponsored event. It does not matter if the bullying occurs in person or via an electronic device. Also, schools in Massachusetts are now required to develop an anti-bullying plan and to develop anti-discrimination and harassment policies.
In New Hampshire, the state statute was revised on student safety and prevention of violence, to now include harassment, bullying and cyberbullying.
A recently passed law in Texas in 2017 also is attempting to crack down on cyberbullying. This is known in Texas as David’s Law, which is named after David Molak, who committed suicide in early 2016 in San Antonio after he was bullied online. The law was recently signed by Governor Greg Abbott, and it made several changes to definitions and the requirements of school districts in how cyberbullying is reported and investigated. It also requires all Texas school districts to create policies to deal with cyberbullying, if they do not yet have them. School districts are required to offer students, parents and others with a way to report bullying incidents, whether they happen on campus or off campus. This must be able to be done anonymously, and the report does not have to be filed by someone who personally has been bullied.
David’s Law in Texas also gives school districts greater leeway on punishing students. This can include even expelling students who have been proven to have coerced other students to commit suicide.
Different Types of Cyberbullying
There are many types of cyberbullying that can eventually lead to criminal charges in the worst cases. If you or someone you know engages in these types of behaviors, a criminal charge is possible:
- Harassment: The bully sends malicious and offensive messages to a person and does so many times. This is a form of cyberstalking in the worst cases, and involves constant threatening and rude messages. It can eventually lead to physical harassment.
- Flaming: This activity is similar to harassment. The difference is that it is a fight that occurs online that is done via email, texts and chat. It is a form of public, online bullying that can lead to very serious outcomes with harsh language and images shared about a particular person.
- Exclusion: This is the act of singling out a person and leaving him or her out of an online group or site. The group will then harass the person that has been left out of the group.
- Outing: When a bully shares a person’s personal and private information, including images and video in some cases. A person has been ‘outed’ if that person’s information is widely available online.
- Masquerading: This is where the bully creates a false identity to harass a person on an anonymous basis. The cyberbully may also impersonate another person so to send that person nasty messages in the other person’s name.
- Fraping: When a person logs onto the victim’s social media accounts and pretends to be that person. This is a very serious offense that some may think is entertaining but it can ruin another person’s reputation. Google generally will not forget anything that has been posted even if it is deleted so this is a very serious form of cyberbullying.
- Trolling: This is the intentional act of getting a response online by using insults and bad language on social forums and social media sites. It is common for the troll to put down the victim and try to make the person angry and respond in kind.
Note that some forms of cyberbullying also can be sexual harassment. Conduct does not need to be specifically sexual to be harassment, though. It may include the demeaning of a person because of his or her gender or sexual identity. For instance, sexual harassment may include the harassment of a person because girls are not ‘supposed’ to take engineering classes or be good in math. Or, girls should not play a specific sport. Another example is where a cell phone is used to abuse a person by saying she is a ‘whore,’ or sending out negative photographs of the student in a sexual manner. It also is common for the abuser to make an actual videotape of abuse that occurred in person, and then post that on social media for others to see. This leads to a high level of humiliation in the victim and has led to self harm in the worst instances.
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Cyberbullying and Federal Civil Rights
While no federal statutes exist regarding bullying, if a federally funded university does not respond to harassment of students, civil rights laws are being violated. Some of the civil rights laws that could be violated in extreme cases of cyberbullying include:
- Title IV and Title VI of the Civil Rights Act of 1964
- Title IX of the Education Amendments of 1972
- Section 504 of the Rehabilitation Act of 1973
- Titles II and III of the Americans with Disabilities Act
- Individuals with Disabilities Education Act (IDEA)
Federally funded schools, including primary and secondary schools and colleges and universities, must take steps to resolve any bullying that constitutes harassment. Some steps may include:
- Instituting policies that prohibit bullying, cyberbullying and harassment.
- Instituting grievance procedures so students can file complaints of harassment
- Implement training for staff so they can ID harassment
- Determine consequences for serial harassers and bullies
Note that pertaining to sexual harassment in schools, Title IX does prohibit any discrimination on the basis of sex or gender. Sexual harassment is actually a type of sexual discrimination. Thus, sexual harassment is under the protection of Title IX. Title IX requires a school to respond to any hostile environment that happens in their programs that is due to sexual harassment. It does not matter where or in which form the harassment occurs. So, if sexual harassment occurs in cyberbullying that happens outside of school, it is still creating a hostile environment for the victim. In such cases, it is highly likely that the school would be mandated to respond under Title IX.
Also know that some states have outlawed sexual harassment separately, and some school districts also have policies that ban sexual harassment.
Federal Cyberbullying Law Proposed
The Megan Meier Cyberbullying Prevention Act was introduced in the House of Representatives in 2009, but it has not yet been passed. Meier was a teen who killed herself in 2006 after aggressive cyberbullying by a neighbor. The law would prohibit any communication intended to intimidate, harass or cause emotional distress to anyone via electronic devices or computers.
Federal Stalking Law Definition and Sentences
In extreme cases of cyberbullying, federal stalking charges can be filed. In such a case, a person is put in reasonable fear of death or serious injury to herself, her family, or a spouse/partner.
Sentences in such cases can be anywhere from five to 20 years. Twenty years can be the punishment if the stalking leads to some type of permanent disfigurement or a bodily injury that threatens the person’s life. The person may get up to 10 years if there is serious bodily harm or if the person uses a weapon.
Cyberbullying and Filing a Lawsuit
People who have been victimized by cyberbullies may have difficulty in getting the person to stop. One possible alternative is to file a civil lawsuit. Parents of the victim can sue for physical and mental damages. In this case, the parent would have to prove that the victim has suffered both physical and mental pain. With a civil lawsuit, it also is possible to file for an injunction that keeps the bully away from the child both on and offline.
Some parents who do not want to spend a lot of money with an attorney eventually file a small claim action in a civil court. This can be accomplished without paying for a lawyer. Every state has a small claims court, where you generally can make a claim of up to $2000. This is not a lot of money, but filing a small claims lawsuit may get the attention of the cyberbully and/or his parents.
To prove that cyberbullying has occurred in a lawsuit, the parents would need to have evidence pulled from social media and message forums. Simply calling someone a derogatory name on Facebook can be deemed slander under the law. A single copy of a conversation should be enough proof for the judge. If you can illustrate evidence of the cyberbullying and also physical results of the depression and anxiety in the teen, this could be a strong case.
Cyberbullying Laws By State
Cyberbullying involves the use of electronic communication to bully a person, typically by sending messages of an intimidating or threatening nature. The specifics and penalties for cyberbullying vary significantly by state:
Under Code of Alabama Section 13A-11-8:
- Cyberbullying is treated as a form of harassment and is a Class B misdemeanor, punishable by up to six months in jail and fines up to $3,000.
Under Alaska Statutes Section 11.61.120:
- Cyberbullying can be charged under harassment statutes, leading to Class B misdemeanors, with penalties of up to 90 days in jail and fines up to $2,000.
Under Arizona Revised Statutes Section 13-2916:
- Cyberbullying through electronic communication is considered a misdemeanor, with varying penalties including possible jail time and fines.
Under Arkansas Code Section 5-68-205:
- Cyberbullying is a Class B misdemeanor when it involves a minor, punishable by up to 90 days in jail and fines up to $1,000.
Under California Penal Code Section 653.2:
- Cyberbullying that involves electronic devices is punishable by up to one year in county jail and fines up to $1,000.
Under Colorado Revised Statutes Section 18-9-111:
- Cyberbullying is classified under harassment and can be a misdemeanor or a felony, depending on the circumstances, with penalties including jail or prison time and fines.
Under Connecticut General Statutes Section 53a-183:
- Cyberbullying is treated as harassment in the second degree, a Class C misdemeanor, punishable by up to three months in jail and a fine of up to $500.
Under Delaware Code Title 11, Section 1338:
- Cyberbullying can lead to charges of harassment, which is a misdemeanor, with penalties including fines and possible jail time.
Under Florida Statutes Section 784.048:
- Cyberbullying is punishable under stalking laws, and can be classified as a misdemeanor or a felony, with penalties including jail or prison time and significant fines.
Under Georgia Code Section 16-5-90:
- Cyberbullying that causes emotional distress and is directed towards a minor is punishable with fines and possible jail time depending on the severity of the case.
Under Hawaii Revised Statutes Section 711-1106:
- Cyberbullying is treated as harassment via electronic means and is a misdemeanor, with penalties that can include up to one year in jail and fines up to $2,000.
Under Idaho Code Section 18-917:
- Cyberbullying is considered malicious harassment and can be a misdemeanor with penalties including jail time and fines.
Under Illinois Compiled Statutes 720 ILCS 5/12-7.5:
- Cyberbullying is a crime that can lead to Class B misdemeanor charges, with penalties of up to six months in jail and fines up to $1,500.
Under Indiana Code Section 35-45-2-2:
- Cyberbullying can be prosecuted under harassment laws, with penalties including jail time and fines depending on the specific nature of the offense.
Under Iowa Code Section 708.7:
- Cyberbullying can be charged as harassment, a misdemeanor, with penalties that include jail time and fines.
Under Kansas Statutes Section 21-6206:
- Cyberbullying is classified as a Class B nonperson misdemeanor, punishable by up to six months in jail and fines up to $1,000.
Under Kentucky Revised Statutes Section 525.080:
- Cyberbullying is treated under harassment laws and can be a misdemeanor with penalties including fines and jail time.
Under Louisiana Revised Statutes Section 14:40.7:
- Cyberbullying is a misdemeanor, punishable by fines up to $500 and up to six months in jail.
Under Maine Revised Statutes Title 17-A, Section 506-A:
- Cyberbullying can lead to charges of criminal harassment, a Class D crime, punishable by up to 364 days in jail and fines up to $2,000.
Under Maryland Code, Education Section 7-424:
- Cyberbullying can lead to disciplinary actions in schools and potential misdemeanor charges, with penalties including fines and community service.
Under Massachusetts General Laws Chapter 265, Section 43:
- Cyberbullying is punishable under stalking and harassment laws, with possible felony charges leading to significant fines and prison time.
Under Michigan Compiled Laws Section 750.411s:
- Cyberbullying can result in misdemeanor or felony charges, with penalties that include fines, jail, or prison time based on the severity of the actions.
Under Minnesota Statutes Section 609.748:
- Cyberbullying is treated under harassment restraining orders and statutes, with possible criminal penalties including jail time and fines.
Under Mississippi Code Section 97-45-15:
- Cyberbullying is a misdemeanor punishable by up to one year in jail and fines up to $500 for first offenses.
Under Missouri Revised Statutes Section 565.090:
- Cyberbullying is considered harassment and can be charged as a Class A misdemeanor, with penalties including up to one year in jail.
Under Montana Code Annotated Section 45-8-213:
- Cyberbullying is addressed under privacy in communications laws and can lead to misdemeanor charges with fines and potential jail time.
Under Nebraska Revised Statutes Section 28-311.01:
- Cyberbullying is treated as harassment, with penalties including fines and up to six months in jail for severe cases.
Under Nevada Revised Statutes Section 200.575:
- Cyberbullying is punishable under anti-stalking and harassment laws, with possible misdemeanors or felony charges, including fines and jail or prison time.
Under New Hampshire Revised Statutes Section 644:4:
- Cyberbullying can result in misdemeanor charges, punishable by fines and up to one year in jail.
Under New Jersey Statutes Section 2C:33-4:
- Cyber-harassment is a fourth-degree crime if the perpetrator is over 21, with penalties including fines and potential prison time.
Under New Mexico Statutes Section 30-45-3:
- Cyberbullying can lead to charges of harassment, with penalties including fines and possible jail time.
Under New York Penal Law Section 240.30:
- Cyberbullying is treated as aggravated harassment, a misdemeanor, with penalties including jail time and fines.
Under North Carolina General Statutes Section 14-458.1:
- Cyberbullying is a misdemeanor with penalties including fines and possible jail time, especially if the victim is a minor.
Under North Dakota Century Code Section 12.1-17-07:
- Cyberbullying can lead to harassment charges, which are misdemeanors with penalties that can include fines and jail time.
Under Ohio Revised Code Section 2917.21:
- Telecommunications harassment can include cyberbullying, with penalties ranging from misdemeanors to felonies depending on the severity of the actions.
Under Oklahoma Statutes Section 21-1172:
- Cyberharassment is a misdemeanor, with penalties including jail time and fines, particularly when directed towards a child.
Under Oregon Revised Statutes Section 166.065:
- Harassment can include acts of cyberbullying, with misdemeanor charges possible, leading to fines and jail time.
Under Pennsylvania Consolidated Statutes Title 18, Section 2709:
- Cyberbullying can be prosecuted under harassment statutes, with penalties including fines and jail time.
Under Rhode Island General Laws Section 11-52-4.2:
- Cyberbullying is a misdemeanor, punishable by fines and imprisonment, especially if persistent.
Under South Carolina Code Section 16-3-850:
- Cyberbullying is considered a form of harassment or stalking, with potential misdemeanor or felony charges depending on the case specifics.
Under South Dakota Codified Laws Section 49-31-31:
- Cyberbullying laws include provisions for school policies but also allow for misdemeanor charges in severe cases, with penalties including fines and jail time.
Under Tennessee Code Annotated Section 39-17-308:
- Cyberbullying can result in criminal charges for harassment, with penalties including fines and jail time.
Under Texas Education Code Section 37.0831:
- Cyberbullying is addressed through school disciplinary measures and can lead to misdemeanor criminal charges, with penalties including fines and jail time.
Under Utah Code Section 76-9-201:
- Cyberbullying may be prosecuted under electronic communication harassment laws, with possible class B misdemeanor charges leading to jail time and fines.
Under Vermont Statutes Title 13, Section 1027:
- Disturbing peace by electronic means, including cyberbullying, can lead to misdemeanor charges, with fines and potential jail time.
Under Virginia Code Section 18.2-152.7:1:
- Cyberbullying can result in misdemeanor charges under the computer harassment law, with penalties including fines and jail time.
Under Revised Code of Washington Section 28A.300.285:
- Cyberbullying is addressed in the context of school policies and can also lead to criminal charges depending on the severity, with possible fines and jail time.
Under West Virginia Code Section 61-3C-14a:
- Cyberbullying can be charged under electronic communication harassment, with misdemeanor penalties including fines and jail time.
Under Wisconsin Statutes Section 947.0125:
- Cyberbullying can lead to charges of unlawful use of computerized communication systems, a misdemeanor with fines and possible jail time.
Under Wyoming Statutes Section 6-2-506:
- Cyberbullying is considered a misdemeanor, punishable by fines and up to one year in jail.
References
- David’s Law – Cyberbullying Targets Abilene and Other Schools. (2017). Retrieved from http://www.reporternews.com/story/news/education/2017/10/07/davids-law-cyberbullying-target-abilene-and-other-schools-year/732596001/
- 10 Forms of Cyberbullying. (n.d.). Retrieved from https://kids.kaspersky.com/10-forms-of-cyberbullying/