Cyberbullying Laws

The suicide of Rebecca Sedwick in Florida in 2014 following being the victim of cyberbullying, online stalking and online harassment by classmates is a widely publicized example of the devastating effects of cyberbullying. Victims of cyberbullying may be entitled to benefits and financial compensation according to personal injury laws in the state the bullying occurred in.

If your child is a victim of cyberbullying, consult an experienced child injury attorney at our firm to discuss your legal options. They offer free consults and charge no fee if they do not recover for you.

Cyberbullying is a form of peer abuse and harassment that takes place on electronic devices. Examples include:

  • Abusive posts on social media sites such as Facebook, Twitter and Ask.fm
  • Threatening cellphone texts, calls and emails
  • Posting embarrassing photos and videos
  • Death threats
  • Hacking into another person’s online account

Parents have a responsibility to monitor their children’s online activities and to take away cellphones and Internet access when they cross the line into online stalking and harassment. Schools have a responsibility to address cyberbullying in their anti-bullying policies and to hold students accountable when they violate those policies on or off the school campus.

The bullies as well as the schools and organizations that do nothing to stop the behavior may be held financially accountable through our civil justice system. The child injury lawyers attorneys at our firm represent children who have been bullied at school and online. They also handle claims of physical abuse, verbal abuse and sexual abuse of children. They proudly represent bullying and injury victims and their families throughout the nation.

Attorneys Handling Cyberbullying Cases

Cyber bullying commonly occurs among middle school and high school students. It includes the use of information technology such as computers, cell phones or social media websites to threaten, harass, annoy or humiliate another person. If you are charged with a cyber bullying crime, you will need a lawyer to defend you.

Examples of Cyber Bullying

Cyber bullying does not have to be a threat of physical violence, but can be a verbal electronic posting or the transmission of an image that depicts or alleges that the victim committed certain humiliating acts. Exposing extremely personal or confidential information online or through texting that the victim did not want to reveal also constitutes cyber bullying. Examples of cyber bullying include:

  • Posting embarrassing or offensive videos of someone
  • Threatening someone by email or texting
  • Hacking into someone’s social media site, and posting derogatory or embarrassing messages
  • Transmitting offensive, personal or confidential information about someone online or by cell phone

Possible Charges

A person who commits an act of bullying by use of an electronic device can be charged with the specific crime of cyber bullying in some states or with more general offenses including:

  • Civil rights violations
  • Criminal harassment
  • Terroristic threats
  • Domestic violence (Internet stalking)

A victim of cyber bullying can pursue civil remedies such as a suit for defamation, invasion of privacy, or intentional or negligent infliction of emotional distress. In these circumstances, a civil lawyer experienced in defamation defense, personal injury actions or First Amendment cases would be essential for the accused.

Is Cyber Bullying a Crime?

There is considerable debate in the legal arena as to whether cyber bullying is a specific crime and, as such, whether it should be codified. Some states have made certain instances of cyber bullying a crime, but there is always the potential for conflict with First Amendment rights that arises with legislation that restricts free speech, especially if the law’s language is vague or open to multiple interpretations. If the harassing behavior leads the targeted victim to commit suicide, suffer libel, endure extreme emotional distress or lose employment, the offender’s behavior is more likely to be considered criminal.

Most cyber bullying incidents among school-age children are handled internally by school districts; most schools have implemented policies against this type of behavior. If the district suspends or expels a student, an attorney experienced in cyber bullying cases or school regulations can challenge the action, especially if the conduct may have occurred outside any sponsorship or association with the school.

An offender under 18 may be charged in juvenile court if the cyber bullying is pervasive or severe. Possible penalties include deferred judgment, probation or mandatory participation in a program for juvenile offenders. For offenders over 18, many states with cyber bullying laws treat the offense as a misdemeanor. Some states make it a crime to pose as a minor online and to post personal or offensive comments about a minor online.

With more states considering implementing cyber bullying laws, those accused of such behavior should retain a lawyer who has knowledge of Internet law, First Amendment rights and criminal law principles.

Has Your Child Suffered Harassment Or Abuse From Peers?

If so, get legal help today. Contact our team of child injury lawyers to schedule a free consultation with a child injury attorney. You can reach our child accident lawyers via email here.

No matter what state your child was injured in our team of child injury accident attorneys can help as they serve all 50 states and Washington D.C. including:

AlabamaAlaskaAlaskaArkansasArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouthDakotaTennesseeTexasUtahVermontVirginiaWashingtonWest Virginia and Wisconsin.