Cyberbullying is the intentional and repeated use of technology to harass or attack someone. Many states have enacted cyberbullying laws, and schools have implemented policies with disciplinary action for violations. Cyberbullying is different from cyberstalking and can occur through various forms of technology. Some states have specific cyberbullying laws with criminal penalties. School systems also have policies with disciplinary action for violations.
Bullying has always been a problem among school children and with the advent of the digital age has come ‘cyberbullying’. Cyberbullying occurs when a person uses information and/or communication technologies to intentionally and repeatedly annoy, harass or verbally attack another person. With the increase in cases of cyberbullying, many states have enacted or proposed cyberbullying laws. Many school districts have also implemented policies that prohibit cyberbullying and require harsh disciplinary action for violations.
Cyberbullying is generally distinguished from cyberstalking based on the age of the victim and the perpetrator. As a rule, victims of cyberbullying are children of school or school age, while victims of stalking and perpetrators are adults. Cyberbullying can happen through emails, text messages or cell phones as well as social networking sites or even blogs.
Within the United States, many states have long had by-the-book laws addressing bullying; however, such laws often do not address “cyberbullying” or the use of electronic media to perpetrate crime. As a result, state legislators have had to propose new cyberbullying laws to cover this new form of bullying. As of 2011, seven states, including Idaho, Kentucky, Missouri, Nevada, North Carolina, Tennessee and Wisconsin, had cyberbullying laws that included criminal penalties for anyone convicted of the crime.
The United States Code makes it a federal crime to make a threat via the Internet. The applicable statute, however, requires that the threat be made in an attempt to extort money or something of value from the victim, making it inapplicable to most cases of cyberbullying. As of 2011, the US legislature is considering legislation that would create specific cyberbullying laws.
In most cases, where cyberbullying laws exist, the offense is a misdemeanor with a maximum prison sentence of no more than two years. Of course, bullying can escalate into a more serious crime, in which case a more serious penalty may apply. Because offenders are often minors, additional penalties such as court supervision or mandatory counseling may be more appropriate than incarceration.
In addition to current cyberbullying laws, many school systems have enacted very specific policies addressing and addressing e-bullying situations. The vast majority of states in the United States mandate that every school system have a cyberbullying policy. Within the policy, there must be disciplinary action for any student found in violation of the rules, up to and including expulsion from school and referral to the legal system when appropriate.
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