Some laws require certain elements to be included in the policy such as a specific definition of bullying , while others simply require a policy without specification. Federal case law allows schools to discipline students for off-campus behavior that results in a substantial disruption of the learning environment at school.
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Search Search. You are here Home Cyberbullying Legal Consequences. It's not just bullying - it's criminal. How the Law Currently Addresses Cyberbullying Federal Law Cyberbullying can be addressed under civil law or criminal law, based on the situation. Civil law This is the branch of law that deals with property rights, personal dignity and freedom from injury. Under civil law, there are three approaches to cyberbullying: 1.
Criminal law This branch of law determines which actions are crimes against the state. In criminal law, there are two approaches to cyberbullying: 1.
Harassment is a crime under the Criminal Code. Defamatory libel is a crime under the Criminal Code. The following definition of cyberbullying is also given: 1. Follow Us. Call us at Make a Donation Donate Now. Signs of cyberbullying vary, but may include: being emotionally upset during or after using the Internet or the phone being very secretive or protective of one's digital life spending more time than usual in their room withdrawal from or lack of interest in family members, friends, and activities avoiding school or group gatherings slipping grades and "acting out" in anger at home changes in mood, behavior, sleep, or appetite suddenly wanting to stop using the computer or device being nervous or jumpy when getting a message, text, or email avoiding discussions about computer or phone activities How Can Parents Help?
If your child is being cyberbullied Offer comfort and support. Talking about any bullying experiences you had in your childhood might help your child feel less alone. Let your child know that it's not their fault. Bullying says more about the bully than the victim. Praise your child for doing the right thing by talking to you about it. Remind your child you're in this together. Reassure your child that you'll figure out what to do. Notify the school. Tell the principal, school nurse, or a counselor or teacher about the situation.
Many schools, school districts, and after-school clubs have rules for responding to cyberbullying. These vary by district and state. But before reporting the problem, let your child know that you plan to do so, so that you can work out a plan that makes you both feel comfortable.
Encourage your child not to respond to cyberbullying. Doing so just makes the situation worse. Keep records. Keep screen shots of the threatening messages, pictures, and texts.
For a lengthier discussion of the laws and legal concepts surrounding cyberbullying and bullying, read Teen Cyberbullying and Harassment. Bullying within the meaning of Texas's Educational Code occurs when a student engages in any verbal or written statement, electronic communication, or physical act that results in:.
Bullying also includes any ongoing, severe, and persistent statements or physical acts that create an abusive educational environment for a student. If the conduct interferes with a student's education, substantially disrupts school, or exploits an imbalance of power between the victim and the perpetrator, it's considered bullying. Bullying can take place on school property, in a vehicle operated by the school district, or during any school-sponsored or related activity.
Students who engage in bullying can face school disciplinary actions. In Texas, "cyberbullying" is defined as a person using any electronic communication device to engage in bullying or intimidation. So, this form of bullying falls under the broader bullying law above. Relevant communications include, for example, statements made through social media and text messages. In addition to school-related consequences, students who bully or cyberbully others can face criminal charges under appropriate circumstances.
The crime of harassment occurs when someone does any of the following to another:. Harassment is either a Class A or B misdemeanor depending on the circumstances. Online Impersonation. Someone commits the crime of online impersonation by acting with intent to harm, defraud, or intimidate and:. Online impersonation is either a felony or misdemeanor depending on the circumstances. Disruptive Activities.
The crime of disruptive activities occurs when someone uses force or threats of force to:.
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