Legal Consequences of Cyber-Bullying
Legal Consequences of Cyber-Bullying
Blog Article
Spoiler alert: the story of Amanda Todd has an unhappy ending. If you are familiar with it, you will know that Amanda Todd was a 15-year-old Canadian student who hanged herself in her home after her distressing experience with cyberbullying. Amanda’s suicide note was delivered digitally; the video consisted of a silent Amanda holding up flashcards to explain her harrowing experience. The video is black and white, the notations are tersely written in black marker. On them, Amanda tells the story of a girl driven to drugs, alcohol, and severe depression by a sexual extortionist who preyed on her low self-esteem while his “gf” was away. And, needless to say, she did not live happily ever after.
But could she have? If Amanda and her parents had taken steps to stop the cyberbullying, certainly the story would have been subject to revision. As of today, all 50 states have anti-cyberbullying laws. Here’s what you should know about protecting yourself and your loved ones from internet bad guys.
What are the Legal Consequences of Cyberbullying?
Until the 2000’s, there were no cyberbullying laws. Not that there was no concern over the issue, but just that cyberbullying was considered a civil matter rather than a criminal offense. Because it was not considered a crime against society, it was not subject to criminal prosecution. Rather it was a matter that could be settled between individuals typically through monetary compensation.
Luckily, states began to take matters into their own hands (which historically has gone either fabulously well, or deleteriously chaotic) and began implementing policies criminalizing bullying. Although penalties vary between states, they commonly include misdemeanor charges, fines up to $2,500, and even jail sentences. As of now, all 50 states have laws against bullying; only Alaska and Wisconsin do not explicitly reference cyberbullying in their anti-bullying laws.
States Get Tough on Bullying
The long arm of the (state) law reaches out to punch cyberbullies in the face! Here are some examples of states taking a hard line against digital torment!
California
In California, bullying in educational facilities includes “communications by electronic means.” The Safe Place to Learn Act establishes a student’s “right to attend classes on school campuses that are safe, secure, and peaceful.” The use of an electronic device to provoke fear for one’s life can be charged as a misdemeanor, punishable by up to one year in jail or a fine of $1000.
Florida
In the Sunshine State, cyberbullying is apparently for kids. Cyberbullying policies target school bullying and, as such, are not considered criminal offenses. While that is not to say that punishments may include being made to sit in the corner with a dunce cap on, they are disappointingly lax. Schools dole out punishment in the form of disciplinary actions. An offender, for example, may be suspended or expelled.
Cyberstalking, on the other hand, is considered a first-degree misdemeanor, punishable by a jail sentence not to exceed a year, or a fine, not to exceed $1000. If the victim is under 16, the offender's behavior violates a restraining order, or if the defendant has threatened to harm the victim, the charge escalates to a third-degree penalty, warranting a fine not to exceed $5000 or a jail sentence not to exceed 5 years.
Missouri
Despite its moniker, the “Show Me State” takes a hard line against cyber exploitation. First, Missouri defines cyberbullying as “including, but not limited to a message, a text, sound, or image employing an electronic device.” Thus, the state acknowledges cyberbullying as a harassment offense. Violations are treated as misdemeanors but may escalate to felonies if the offender has acted with the intent of causing emotional distress or if the actions result in emotional distress.
Words of Wisdom
Remember, what happens in cyberspace does not have to remain in cyberspace! Report cyberbullying to authorities and lawyer up, goshdarnit! The cyberverse is behind you, and so is Cyber Claim Lawyer! For free legal advice, visit Cyber Claim Law helping you make informed decisions while protecting your rights!