Cyberbullying a Serious Issue in Utah, Punishable by Law

With the growing popularity of social media sites and electronic forms of communication, many teens are communicating less and less in actual face-to-face situations. Even though this is the case, bullying among juveniles is still occurring. In fact, cyberbullying is often worse because the attacker is protected by distance and in some cases, anonymity. However, law makers are working toward understanding this form of bullying and incorporating legislation that addresses it.

The Many Faces of Cyberbullying

According to Utah Code 53A-11a-102, cyberbullying is defined as “using the Internet, a cell phone, or another device to send or post text, video, or an image with the intent or knowledge, or with reckless disregard, that the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the electronic communication.”

Cyberbullying may include any of the following activities:

• Physical threats, such as messages or emails involving threats to someone’s safety. An email threatening to beat someone up after school would qualify.
• Altering digital images of someone’s appearance or the setting he/she is in to make them appear in a compromising or embarrassing situation.
• Verbal abuse, such as sending hostile, inflammatory, or libelous messages to someone.
• Identity theft/impersonation, including stealing someone’s password and/or hacking their online accounts.
• “Happy-Slapping”: recording someone being harassed or physically abused and then posting the video online.

Most experts say early intervention is the key when it comes to cyberbullying. Parents are encouraged to have conversations with their children, either if they suspect their child is an attacker or a victim. Asking children why they think people participate in cyberbullying, if they know what their school policy is, if they have ever wanted to send or been the victim of a mean message, or how they would react to such things are all examples of questions that can hopefully prevent future problems in the case of potential bullies and remedy situations if a parent suspects their child has been bullied.

Cyberbullying Repercussions

In most cases, cyberbullying is handled through school policies which the schools have been directed to create by the Utah government. Usually cyberbullying is grounds for suspension or expulsion from school. However, in some cases, it can also be grounds for civil lawsuits, such as a lawsuit for defamation of character, when someone makes false statements about another resulting is mental suffering or damage to reputation.

In some cases, it can be a legally punishable offense. Harassment when committed by an adult is considered a class B misdemeanor, punishable by up to six months in jail and a fine of up to $1,000.

While bullying isn’t anything new, cyberbullying is still a relatively young issue when it comes to addressing it from a parental, school, or government position. Many questions still remain. Laws and policies are still changing to try to address this topic. If your child has been accused of cyberbullying, contact an experienced juvenile defense attorney who can provide you with legal advice in the best interest of your child.