Cyberbullying is a relatively new offense, made possible in the age of the internet and mobile devices. As the offense became more common after 2002, when online communication became more mainstream, many jurisdictions nationwide began to pass legislation prohibiting this type of online harassment.
More than half of all U.S. states now specifically include cyberbullying within anti-harassment or anti-bullying laws. In the remaining states, those who engage in cyberbullying can often be prosecuted under other statutes, including those prohibiting general harassment or bullying.
If you are accused of cyberbullying, it is important you understand how the law works, what defenses are available and what potential penalties you could face.
Cyberbullying Laws by State
All states except Montana have rules in place requiring schools to develop anti-bullying policies. In many jurisdictions, these school policies also punish off-campus bullying. Cyberbullying is typically covered under these school policies.
In addition to state laws requiring schools to take anti-bullying steps, states can sometimes charge a defendant with a crime if they engage in cyberbullying. States may prohibit specific bad behaviors in statutes dedicated to preventing bullying using digital means or may include these types of prohibited behavior as part of general anti-harassment statutes.
Examples of Cyberbullying Laws at the State Level
States have their own individual cyberbullying laws. Here are some examples:
- California Code, Penal Code Section 653.2 makes it a misdemeanor to use electronic communication devices to distribute any personal information (including a photo) about someone that causes that person to experience a reasonable fear for their own safety or for the safety of loved ones or an electronic message harassing a person that would incite them to distribute someone else’s personal information.
- Arizona Revised Statutes Section 13-2921 makes cyberbullying an illegal form of harassment. This offense includes contacting or causing any type of harassing communication by verbal, written, electronic, mechanical, telegraphic or telephonic means. The offense is a class one misdemeanor.
- Texas Penal Code Section 42.07 includes cyberbullying in its harassment law, making it illegal to send “repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another” or to publish on social media or any internet website “repeated electronic communications in a manner reasonably likely to cause emotional distress, abuse, or torment to another person.”
Texas also passed a law, called David’s Law, which makes it possible for bullying victims and their guardians to request that a court issue an injunction ordering the end of the abusive behavior. Violating an injunction can result in being held in contempt of court and potentially facing jail time or other penalties.
Cyberbullying vs. Traditional Bullying
Cyberbullying can reach wider audiences than traditional bullying. It can also be more pervasive, as it can be close to impossible for victims to escape the effects when harassment can follow them home and occur virtually at any time.
Examples of cyberbullying can include:
- sending mean or threatening messages via email, text or other messaging platforms
- tricking a victim into revealing personal details or embarrassing information and disseminating it to others
- forwarding private messages or explicit pictures to others without consent
- spreading rumors online or via text
- using social media to make fun of people, including with a fake online profile
States take both cyberbullying and traditional bullying seriously. Schools generally must have policies in place to prevent both in-person and digital harassment. Further, anti-harassment laws could result in criminal charges, including misdemeanor charges, for those who engage in either type of bullying.
Legal Defenses Against Cyberbullying Charges
If you have been accused of cyberbullying, there are many potential defenses you could raise depending on the circumstances. An experienced criminal defense lawyer can assist you in identifying ways to fight charges. Here are some potential legal arguments that you could make.
Protected Free Speech
The First Amendment to the U.S. Constitution protects your right to speak freely. There are exceptions to this broad protection. For example, harassing, abusive or threatening behaviors that cause imminent harm to others can still be illegal. However, nonviolent speech is often constitutionally protected depending on the circumstances.
Behavior Wasn’t Threatening or Harassing
Since cyberbullying is often charged under anti-harassment laws, there’s often a legal requirement that the prosecutor prove the behavior was threatening or caused someone to feel fear. You can argue that your conduct didn’t rise to this level.
Mistaken Identity
It can be difficult to know who is sharing certain information on websites or social media. If you can cast doubt on whether you were the person who engaged in the alleged cyberbullying, you may not be convicted.
Insufficient Evidence
A prosecutor has the burden of showing that you violated laws prohibiting cyberbullying. If you can introduce reasonable doubt about any element of the offense, you may be acquitted.
If evidence was collected in violation of your constitutional rights—for example, because you were interviewed by police without being informed of your Miranda rights—it’s possible that this evidence will be suppressed so prosecutors cannot use it against you.
Punishments for Breaching Cyberbullying Laws
In most cases, cyberbullying is punished as a misdemeanor rather than a felony offense. This means that penalties may include up to a year of incarceration, fines or community service, depending on the state where you live and the specific offense you’re charged with.
However, in some cases, you could be charged with a felony offense. This is more likely if you had a pattern of repeat behavior or you used digital means to harass law enforcement officials.
In addition to criminal penalties, schools usually must have policies that impose consequences on students engaged in any type of bullying—including cyberbullying. Civil remedies may also be possible, including victims pursuing an injunction to stop the misconduct or lawsuits for torts such as defamation of character or libel.
Frequently Asked Questions (FAQs) About Cyberbullying Laws
Which states have laws against cyberbullying?
Is it illegal to expose someone on social media?
If you get charged with cyberbullying, what could happen?
What are California's regulations regarding cyberbullying?
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What are some examples of cyberbullying?
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