Cyberbullying: A Growing Concern
Cyberbullying refers to the use of electronic communication technologies, such as social media, texting, or email, to harass, intimidate, threaten, or humiliate others. Cyberbullying is a growing concern particularly as it applies to vulnerable minors. It is against the law in Oklahoma. Here are some key aspects of how Oklahoma law deals with cyberbullying.
Schools and Cyberbullying
Oklahoma requires public schools to adopt policies and procedures to prevent and address bullying of all kinds, including cyberbullying. These policies typically define bullying behavior, outline reporting mechanisms, and establish consequences for offenders.
Schools are required to take prompt and appropriate action to investigate reports of bullying or cyberbullying, protect victims from further harm, and provide support services or interventions as needed.
Victims of cyberbullying may be eligible for protections under school policies, disciplinary measures against offenders, and access to counseling or mental health resources.
Definitions of Bullying and Cyberbullying:
In Oklahoma it is against the law, personally or in concert with others, to willfully use a telecommunication, text, sound, images or other electronic communications or devices to make or knowingly permit:
- a comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, or indecent;
- communications with intent to terrify, intimidate or harass, or threaten to inflict injury or physical harm to any person or property of that person;
- communications with intent to put the party called in fear of physical harm or death;
- communications without disclosing the identity of the person making the call or communication and with intent to annoy, abuse, threaten, or harass any person at the called number.
These communications include such things as email, instant messages, network call, fax, texts, postings to social media or any other public media source. (Okla. Stat. tit. 21 § 1172)
Cyberbullying may be charged as a misdemeanor, but a second incident can result in a felony charge. A misdemeanor is punishable by up to a year in jail, a fine of up to $500 or both. A felony conviction can mean up to 2 years in prison, a fine of up to $1000, or both.
Cyberbullying May be Charged as Stalking
Activities that might meet the definition of cyberbullying might otherwise be charged as stalking, a much more serious crime. Stalking involves an offender willfully and maliciously following or harassing someone repeatedly to a degree that would reasonably frighten, intimidate, threaten, harass, or molest the victim, resulting in actual fear.
Stalking carries additional elements that must be proven in court. The defendant must have engaged in repeated abusive behavior, involving two or more incidents directed at the victim or their immediate family member. Additionally, this behavior must be of a nature that would cause a reasonable person in the victim’s position to experience fear, and the victim must indeed have felt fear.
Stalking is classified as a misdemeanor, punishable by up to one year in jail and a $1,000 fine. However, penalties escalate in cases involving violations of restraining or protective orders, previous similar convictions, parole violations, or other specified circumstances. In such instances, the defendant could face a felony charge carrying a sentence of five or 10 years.
Civil Remedies
In additional to criminal charges, a cyberbully may be sued for damages in a civil action for emotional distress, financial harm, and damages to reputation. These lawsuits often garner hefty jury awards which can offset some of the costs involved for the victim.
In addition, a victim may obtain a restraining order or a protective order. When these orders are violated, the cyberbully opens themselves up to additional fines and jail time.
While activities that might be called cyberbullying can undoubtedly be harmful to one on the receiving end, the law is easily misapplied or abused. Most online debates do not meet the legal definition of cyberbullying. Political debate and disagreements about controversial social topics can lead to allegations of cyberbullying. Courts have established that profanity can only be outlawed in narrow circumstances.
Not all instances of online profanity comprise cyberbullying. If you have questions or concerns for yourself or a loved one, consult with a Muskogee criminal law attorney familiar with cyberbullying.
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