Cyberbullying is an increasingly common issue, especially among teens and young adults, as digital communication becomes a central part of daily life. To combat this, several cyberbullying laws and anti-bullying policies have been put in place across the nation to help address the emotional distress caused by online harassment, ensuring accountability for harmful actions.
In Florida specifically, certain acts of cyberbullying may fall under the state’s harassment laws, leading to serious legal consequences. If you or someone you love is facing charges related to cyberbullying, Andrew Buda, an experienced Tampa criminal defense lawyer, can help.
With extensive knowledge of Florida’s harassment laws and cyberbullying laws, Attorney Buda provides skilled representation to protect your rights and ensure one mistake doesn’t define the rest of your life.
For a free consultation with a skilled Florida cyberbullying defense lawyer, contact Buda Law by calling (813) 322-2832 or completing our online intake form today.
What is Cyberbullying?
Cyberbullying refers to bullying behavior conducted through digital means, such as social media platforms, messaging apps, text messages, and other online tools. This form of online bullying often includes verbal harassment or even violent threats, targeting a person through their cell phones, instant messages, or interactions with other individuals on digital platforms.
Schools are frequently involved when a student or child becomes a victim, as these incidents can disrupt educational environments and cause serious emotional distress for a young person.
Regardless of age, the psychological impact of cyberbullying on victims is profound, leading to anxiety, depression, and other long-term challenges. Due to the serious nature of these actions, the law treats online harassment/electronic bullying as a significant issue, with measures designed to protect victims and hold perpetrators accountable.
Cyberbullying Examples in Real Life
Cyberbullying can take on many forms. Here are a few common examples of cyberbullying situations:
- Harassment via Social Media: Posting harmful comments about someone’s appearance, behavior, or beliefs on platforms like Instagram or Facebook.
- Spreading Rumors: Sharing false or malicious information electronically, such as through a text message, to damage someone’s reputation.
- Impersonation: Creating fake accounts to pose as the victim and post inappropriate content.
- Hate Speech: Sending messages or comments targeting someone’s gender identity, sexual orientation, or other personal characteristics with derogatory language.
- Doxxing: Sharing private or sensitive information, like home addresses or phone numbers, to intimidate or threaten the victim.
- Trolling: Repeatedly posting inflammatory or offensive comments to provoke or humiliate someone.
- Photo or Video Shaming: Sharing embarrassing or manipulated photos or videos without consent.
- Cyberstalking: Sending repeated, unwanted messages through electronic forms, like email or social media, creating a sense of fear.
- Catfishing: Pretending to be someone else to trick or manipulate the victim into sharing personal information or engaging in harmful interactions.
Cyberbullying vs Harassment
Cyberbullying and harassment are both harmful behaviors, but they differ under Florida law. As mentioned above, cyberbullying involves using electronic communication, such as social media, emails, or text messages, to intimidate, ridicule, or harm someone. It is often associated with school-aged individuals and is primarily addressed through anti-bullying statutes, focusing on protecting students in educational settings. Consequences for cyberbullying typically include school-based disciplinary actions or civil penalties.
Harassment, on the other hand, is a broader term under Florida’s harassment law and can occur online or in person. It involves repeated actions intended to intimidate, threaten, or annoy someone, affecting people of all ages. Harassment in Florida is treated as a crime and can lead to criminal charges, restraining orders, fines, or imprisonment, especially if it escalates to stalking or involves explicit threats.
Is Cyberbullying Illegal in Florida?
While there isn’t a standalone cyberbullying statute in Florida, the state uses several existing laws to address behaviors that fall under cyberbullying. Actions committed through electronic means, such as using a mobile phone or social media to harass, stalk, or threaten, may be prosecuted as crimes under state laws.
Florida Cyberbullying Laws
Cyberbullying involving students or a child can be particularly serious, with schools in Florida required to adopt a model policy to protect victims and address incidents.
Florida’s “Jeffrey Johnston Stand Up for All Students Act” mandates that public schools implement comprehensive anti-bullying policies, explicitly addressing cyberbullying prevention. Under Florida Statute 1006.147, school districts are required to develop and enforce procedures to prevent bullying and cyberbullying on school grounds, on a school bus, during school-sponsored events, and through school computer systems.
These policies must include clear definitions of bullying and cyberbullying, outline the responsibilities of school officials and school employees in reporting and investigating incidents, and establish protocols for notifying parents of both victims and perpetrators. By enforcing these bullying prevention measures on school premises, Florida aims to create a safer educational environment and effectively combat bullying in all its forms.
Types of Cyberbullying-Related Charges in Florida
1. Harassment and Cyberstalking (F.S. 784.048)
Under Florida statutes, cyberstalking involves using electronic communications to harass or intimidate someone repeatedly, causing emotional distress. This offense may result in a first-degree misdemeanor with penalties of up to one year in jail.
2. Sexual Cyberharassment (F.S. 784.049)
This charge applies when someone intentionally distributes sexually explicit images of another person without their consent using online platforms or other electronic means. A first offense is generally considered a first-degree misdemeanor, but a second or subsequent sexual cyberharassment offense may lead to a third-degree felony in Florida, which carries a maximum sentence of 5 years in prison.
3. Threats and Extortion (F.S. 836.05)
Threatening someone through cyberbullying to obtain money, property, or services is considered extortion in Florida. This is typically considered a second-degree felony and can lead to serious penalties, including up to 15 years of imprisonment and $10,000 in fines.
4. Written Threats to Kill or Injure (F.S. 836.10)
Making written threats via electronic communications, including social media or text messages, to kill someone or cause them physical harm is a second-degree felony under Florida law.
5. Libel and Defamation (F.S. 836)
Spreading false information online to damage someone’s reputation may result in charges of libel or defamation, depending on the circumstances. These charges aim to address the emotional and social harm caused by false accusations or rumors.
6. Mob Intimidation (F.S. 784.0495)
When multiple individuals use electronic means to intimidate or threaten a person, they may face mob intimidation charges, which can lead to first-degree misdemeanor charges.
7. Promotion of an Altered Sexual Depiction (F.S. 836.13)
This charge involves digitally altering explicit images of another person and distributing them without permission. According to the statute, the promotion of an altered sexual depiction of another person is considered a felony of the third degree.
8. Theft or Unauthorized Promotion of a Sexually Explicit Image (F.S. 836.14)
Sharing or stealing private, explicit images of another person without their consent can lead to criminal charges, as well. Depending on the circumstances surrounding the theft or promotion of the image, the accused may face a felony of either the second or third-degree.
Can You Go To Jail for Cyberbullying?
Yes, you can go to jail for cyberbullying if the behavior qualifies as a crime under Florida law. Convictions for electronic harassment, cyberbullying, or related offenses like stalking or threats can result in punishments designed to punish offenders and protect victims. Depending on the specific violation, these penalties may include time in jail or prison, fines, probation, restraining orders, and even mandatory counseling.
Beyond criminal sanctions, a cyberbullying conviction can have lasting effects on a person’s record, impacting educational opportunities, school policy violations, and future employment prospects.
Is Cyberbullying a Felony?
Cyberbullying-related offenses can be classified as either misdemeanors or felonies, depending on the nature and severity of the actions involved. For example, repeated electronic harassment or cyberstalking that causes significant emotional distress may be charged as a misdemeanor, punishable by up to one year in jail.
However, if the behavior involves threats of violence, extortion, or the unauthorized sharing of explicit images, it could escalate to a felony. Felony charges often come with harsher penalties, including longer prison sentences and substantial fines, reflecting the serious impact these actions can have on victims.
The offense’s classification depends on the case’s specific details and how it aligns with Florida’s laws addressing bullying and harassment.
Can Minors Be Charged with Cyberbullying in Florida?
Yes, minors can be charged with cyberbullying in Florida if their actions violate state laws or school district policies. Cyber bullying that occurs on school property, school buses, or through electronic devices used for school communication may lead to both criminal charges and school sanctions.
Schools in Florida must implement bullying prevention measures under state law, and they may also take disciplinary action against students involved in cyber bullying, such as suspension or expulsion.
What to Do if You’re Accused of Cyberbullying in Florida
- Seek Legal Counsel: Hire an experienced Florida cyber crime lawyer like Andrew Buda to navigate cyberbullying charges and mitigate the penalties you or your loved one face.
- Avoid Engaging Further: Stop all communication with the alleged victim to prevent escalating the situation.
- Document and Gather Evidence: Collect chat logs, social media activity, or witness statements that may support your defense against claims of being a bully.
How Tampa Criminal Attorney Andrew Buda Can Help in Cyberbullying Cases
With extensive experience in handling cyberbullying and a range of cyber-related offenses, Tampa criminal attorney Andrew Buda has a deep understanding of Florida’s laws on cyberbullying. He is committed to gathering and analyzing digital evidence to build a strong defense for his clients.
Whether resolving cases through strategic negotiations or presenting an aggressive defense in court, Attorney Buda and his team of experienced attorneys are committed to achieving the best possible outcome for their clients.
Contact a Tampa, Florida Cyberbullying Defense Lawyer at Buda Law Today
Facing accusations of cyberbullying or cyberbullying-related charges can have serious consequences, making strong legal representation essential to protect your future. Tampa criminal defense attorney Andrew Buda understands the nuances of Florida’s laws and is dedicated to providing personalized defense strategies for every client.
So, if you’re dealing with cyberbullying or online harassment accusations and face criminal penalties, don’t wait to seek help. Contact Buda Law by calling (813) 322-2832 to discuss your case and explore your defense options today.