The quick answer is “Yes.” But what is cyberbullying?
Unless you understand what conduct constitutes criminal cyberbullying, it is impossible to ensure that your actions conform to the law and refrain from any conduct that would be deemed criminal. This blog post explains
- How Florida law defines the crime of cyberbullying,
- How to tell the difference between a misdemeanor and felony cyberbullying,
- What penalties you face for cyberbullying in Florida, and
- Successful defenses to Florida cyberbullying charges.
Stechschulte Nell, Attorneys at Law, will defend your Hillsborough or Pinellas County cyberbullying, stalking, or harassment charges with legal skills obtained over many years of intense courtroom experience. As a former prosecutor and for years a Board-Certified Criminal Defense Lawyer, Attorney Ben Stechschulte is a master of courtroom procedure, and has earned the respect of other members of the Florida bar by providing the highest quality legal defense service in the area.
What Is Cyberbullying in Florida?
Bullying of any kind is a cruel and painful experience to inflict on a victim, no matter how old they are. But the common usage of words like “bully,” “cyberbully,” and “harassment” sometimes leads people to think that any form of mean-spirited talk is illegal. Let’s define the terms as Florida law will apply them in any criminal cyberbullying charge filed by prosecutors.
Even the U.S. Supreme Court declared that “[b]ullying and severe harassment are serious (and age-old) problems, but these concepts are not easy to define with the precision required for a regulation of speech.”i
The Florida criminal statute prohibiting certain types of bullying and harassing conduct and communications is referred to as Jeffrey Johnston Stand Up for All Students Act (F.S. § 1006.147). A corresponding section of the law (F.S. § 784.048) focuses on the related crime of “stalking” and “cyberstalking.”
Florida law defines “cyberbullying” within the overall definition of “bullying.”
Unlawful bullying and cyberbullying include “systematically and chronically inflicting hurt and psychological distress on one or more students, and may involve
- Teasing
- Social exclusion
- A threat
- Stalking
- Physical violence
- Theft
- Sexual, religious, or racial harassment
- Public or private humiliation; or
- Destruction of property.
Florida law defines “harassment” as any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal, or physical conduct directed against a student or school employee that:
- Places a student or school employee in reasonable fear of harm to their person or property,
- Substantially interferes with a student’s educational performance, opportunities, benefits, or
- Has the effect of substantially disrupting the orderly operation of a school.
Florida law criminalizes “cyberstalking” and “stalking,” and the laws are sufficiently related to bullying to be of concern to those who may have engaged in the kind of harassing or bullying conduct described above. However, these stalking-related offenses are applied across all sectors of society. The cyberbullying statute limits the population of potential victims to students, school employees, and school-age victims.
Under F.S. § 1006.147, the terms prohibiting stalking and cyberstalking under § 784.048 are incorporated into the anti-bullying statute.
Who Is Subject to Prosecution for Cyberbullying?
Florida’s anti-bullying laws were enacted to address the awful tragedies suffered by families and young people like Florida’s own Jeffrey Johnston, a smart, friendly, sociable 15-year-old who hanged himself after being cyberbullied online.
The law specifically prohibits illegal bullying and cyberbullying against any student in a public K-12 school and employees of K-12 schools. The statute covers not only unlawful bullying and cyberbullying in and on school property but also applies to any education program or activity conducted and to any school-related or school-sponsored program or activity, including on a school bus.
The Florida statute addresses electronic devices, computers, computer software, data, and other digital means of communication, including those that use the network within the school and those that are not school owned or operated. Off-campus electronic bullying communications made from an at-home computer, laptop, telephone, or another electronic device that violates the cyberbullying statute will be prosecuted just as vigorously as if on school grounds.
The crime can be committed through email, blog or vlog posts, texts, calls, and any other form of electronic or digital media.
What Is the Penalty for Cyberbullying or Cyberstalking in Florida?
The penalties for cyberbullying and cyberstalking depend on the circumstances of the case.
1st Degree Misdemeanor
- A person convicted of, or a juvenile adjudged delinquent for willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person commits the offense of stalking. The penalty is up to 1 year in jail, up to 1-year probation, and a $1,000 fine.
3rd Degree Felony (Victim Under Age 16)
- A person convicted of, or a juvenile adjudged delinquent for willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a child under 16 years of age commits the offense of aggravated stalking. The penalty is up to 1 year in jail, up to 1-year probation, and a $1,000 fine.
3rd Degree Felony
- A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree. The penalty for aggravated stalking by means of any of the cited conduct is up to 5 years in jail, 5 years of probation, and a fine of up to $5,000.
Because of the propensity for bullying and cyberbullying to occur among young people, often minors, the law provides for minors to be “prosecuted” in juvenile court instead of adult court.
Defending Cyberbullying and Cyberstalking Charges in Florida
The evidence against a defendant charged with cyberbullying usually consists of a series of statements made to or about the complaining witness that the prosecution alleges violates the criminal law.
But statements are a form of speech, and everyone, including kids, has the right to free speech, within limits, guaranteed by the U.S. Constitution. What the prosecutor claims to be “harassing” must be proven beyond a reasonable doubt to be such that it reasonably places that “victim” in fear of personal harm or property damage.
Was the targeted person in “reasonable fear of harm to their person or property?” Or was such a fear unreasonable under the circumstances? What was the defendant’s intent? Did the alleged statement constitute a genuine threat or was it merely an off-the-cuff idle boast with no likelihood of being carried out?
Did the statements actually interfere with the complaining witness’s educational performance, benefits, or opportunities?
The prosecution must use admissible evidence to prove each and every element of the crime charged beyond a reasonable doubt.
Learn More > Defending Federal Cybercrime Charges
Accused of Cyberbullying?
If you or a family member have been accused of cyberbullying or another online crime, get experienced criminal defense from our attorneys at Stechschulte Nell Law. With years of experience as a prosecutor, Ben knows how to defend these kinds of cases.
Call today for a case review; 813-280-1244.
