Cyberbullying & Cyberstalking Laws in California
California has legal statutes and policies in place to address bullying crimes, including cyberbullying and cyberstalking. If you’ve been a victim of cyberbullying or cyberstalking, the legal team at Cutter Law has the experience and legal knowledge you need. We can explain the cyberbullying laws in California, help you explore your options, and build a solid case for you.Â
- Cyberbullying involves repeated, intentional online harassment
- Cyberstalking includes actions causing fear for personal safety.
- Violations can lead to misdemeanor or felony charges, with penalties including jail time.
- It’s illegal to use electronic means to harass, threaten, or share personal information.
- The laws cover actions like electronic bullying, harassment, or stalking.
- Minors under 18 can be charged with cyberbullying or cyberstalking.
- Victims, or their parents, can file criminal or civil lawsuits against perpetrators.
- Lawsuits may also target social media companies for enabling a harmful environment.
Bullying is nothing new, but some bullies have taken to hiding behind electronic devices in recent years. Cell phones, tablets, online gaming rooms, and social media apps have become the playgrounds and locker rooms of the 21st century. Known as cyberbullying, online harassment and stalking can cross the line into criminal activity.
California cyberbullying laws address when online behavior is a crime and outline the penalties for anyone found guilty. If you have been a victim of cyberbullying or cyberstalking, let a California cyberbullying lawyer at Cutter Law help you find peace. One of our devoted attorneys will listen to your story and explain the legal options for holding your bully accountable.
What is cyberbullying?
Cyberbullying is repeated and intentional harassment, mistreatment, or teasing of another person via an electronic device or in an online forum. Examples of this include the following:Â
- Spreading rumors online
- Posting mean or hurtful comments
- Calling others offensive namesÂ
- Threatening someone physicallyÂ
- Engaging in sexual harassment
- Embarrassing or humiliating another
- Cyberstalking
46 percent of adolescents between 13 and 17 report experiencing cyberbullying, and four out of ten Americans say they have been harassed by others online. These interactions can occur via online discussion boards, texting or messaging apps, online gaming rooms, email, and dating sites.
However, most cyberbullying incidents occur on social media platforms such as TikTok, Snapchat, Facebook, Twitter, and Instagram. In some cases, the bullying becomes so severe that the victim may attempt suicide.
Victims of cyberbullying may be targeted due to their race, ethnicity, gender, political affiliations, religion, sexual orientation, or for a host of other reasons.
What is cyberstalking?
Cyberstalking is a type of cyberbullying that involves following, harassing, or threatening a victim in a way that causes them to fear for their own safety or for the safety of a family member. Someone accused of cyberstalking can be charged with a misdemeanor or a felony, depending on the circumstances of the crime.
What are the cyberbullying and cyberstalking laws in California?
California bullying laws apply to electronic bullying and harassment, which are prohibited under state law:
- Â Distribution of personal information. It’s a crime to distribute electronically, publish electronically, email, hyperlink, or make it available to download another person’s personal information.
- Using an electronic device to harass. In California, it is illegal to use an electronic device to initiate contact meant to intimidate, annoy, harass, or threaten another person, their property, or their family.
- Using an electronic device to stalk. It is illegal in California to willfully, maliciously, and repeatedly harass, threaten, or follow another person in a way that causes them fear.
Although the statute of limitations for pressing felony stalking charges doesn’t begin until the crime has ended, there is generally a 3-year window to do so. We recommend getting in touch with a California cyberbullying attorney right away.Â
Consequences for Cyberbullying and Cyberstalking in California
- Violating bullying laws in California can lead to being charged with a misdemeanor offense, punishable by one year in county jail and up to $1,000 in fines.Â
- Depending on the circumstances of the case, you can be charged with a misdemeanor or a felony for cyberstalking. Felony stalking charges are punishable by up to five years in prison.
- Offenders who violate court-ordered no-contact orders in California by continuing to contact victims can face additional charges for contempt of court.
Minors and Cyberbullying Charges
Minors under the age of 18 can be charged with cyberbullying and cyberstalking crimes. Most teenagers under 17 will be prosecuted under the state’s juvenile justice system. However, it’s possible for a minor over the age of 16 to be transferred to the adult court system, depending on the circumstances of the case. Sentencing in the juvenile court may involve the following:
- Mandated therapy
- Community service
- Completion of a mental health treatment program
- Curfew
- Educational programs
- Time in a juvenile detention facilityÂ
How are California schools addressing cyberbullying?
California has instituted state-mandated school anti-bullying policies. The California Safe Place to Learn Act requires schools to implement policies and procedures to prevent and address electronic bullying. As a result, a school must take action when bullying takes place:
- On school grounds.
- While a student is coming to or going from school or a school-sponsored activity.
- During a school lunch period, either on or off campus.
- During a school-sponsored activity.
Cyberbullying laws in California require schools to do the following:
- Have criteria outlining when a student can be removed from a classroom, suspended, or expelled for bullying.
- Make policies and the complaint process public by posting them in the school building.
- Document all companies and resolutions.
- Protect complainants from retaliation and keep their identities confidential.
- Follow up with the student and refer them to the school’s appropriate mental health support staff.
- Inform parents and guardians when their student is involved in bullying, harassment, or intimidation.
Additionally, the California Department of Education must develop and publicly post an annual training on bullying and cyberbullying for school staff, parents, students, and the community.
What can I do if my child has been a victim of cyberbullying?
Parents in California are filing criminal and civil lawsuits against perpetrators of cyberbullying and cyberstalking crimes. Some families are even suing the companies that own the social media apps they feel contributed to their child or teenager being bullied.Â
Multiple defendants may be responsible for the harm that came to your family from online harassment. Reach out to a California social media harm lawyer at Cutter Law to find out more.
FAQ
What can police do about cyberstalking?
Law enforcement officers can file a police report, which creates a record of your complaint. This information will be helpful if your lawsuit goes to court. If your stalker has made criminal threats or physically assaulted you, you may also press charges.
Does California have cyberbullying laws?
The California state statutes that cover bullying and stalking also apply to similar behavior online.
Are cyberbullying and cyberstalking hard to prove?
It’s important to keep copies of all electronic communication from your bully or stalker. Messages, photos, and videos that illustrate the harassment are invaluable proof of bullying and stalking behavior if your case goes to trial. The more of this evidence you have, the easier it will be to prove what happened.
What can happen if a California student is found guilty of online harassment or stalking at school?
Under California state law, any student who is guilty of threatening, harassing, or stalking another person at school or at a school function can be subject to school suspension or expulsion.
Can I sue a social media company for allowing my child to be bullied?
Yes. Lawsuits across the country claim that social media platforms have created a toxic environment for young users, allowing bullies to hide behind the anonymity of a screen. These lawsuits charged company executives with knowing the harm to young people and failing to act.
Cutter Law Will Help Build Your Cyberbullying Case
If you’re considering taking legal action, contact one of our California personal injury attorneys. We have 50 years of combined legal experience and want it to work for you. Serving all of California—including Sacramento, Oakland, and Santa Rosa—we can explain California harassment laws and guide you in the next steps toward justice. We don’t charge you any fees unless we win.Â
Call for a free consultation today.
