Can You Go To Jail For Bullying? What Does the Law Say?
By Antoine G Larosiliere
With the school year about to start, many parents are anticipating the challenges their children will be facing, and one of the concerns I’ve heard expressed is, “Can you go to jail for bullying?”
No parent wants their child to be bullied, no parent wants their child accused of bullying, and no parent wants to be blamed for it. But if it does happen, can you go to jail for bullying? If that question has crossed your mind in any way, allow me to explain. Your child can absolutely go to jail for bullying and depending on where you live; parents can too.
“Bullying may be a crime if the behavior qualifies under state law as assault, battery, criminal harassment, stalking, or even child pornography.”
What does the law say?
Can you go to jail for bullying? Unfortunately the U.S. government hasn’t passed or enacted any federal anti-bullying legislation or prevention. These efforts and responsibilities are left to individual states to institute. As of now all fifty states have anti-bullying legislation in place, and all states also have formal school policies on bullying with the exception of Montana. Because laws from state to state vary, penalties for bullying also vary greatly, and it is therefore difficult to predict. Some states classify bullying as a criminal act, while others don’t directly classify it as such.
Penalties range from suspensions, expulsions from school to even jail time for some felonies. Bullying may be a crime if the behavior qualifies under state law as assault, battery, criminal harassment, stalking, or even child pornography. A case involving Jacob Estes who did not like his friend’s ex-girlfriend dating a new guy, shows how cyberbullying can turn into assault. “That new guy, Dax, began to receive threatening and harassing messages online from Jacob. Then one day the two high school boys met up at a mall. Jacob attacked Dax by punching and kicking him in the head. Dax was seriously injured. Jacob was convicted of aggravated assault and sent to prison for three years.”
Bullying becomes a crime if…
- You physically assault someone
- You harass someone based on gender or race
- Someone makes violent threats
- Someone makes death threats
- You make harassing phone calls and texts
- You engage in unwanted sexting
- Someone engages in sexual exploitation
- Someone engages in child pornography
- You stalk someone
- You commit hate crimes
- You take a photo of someone in a place that violates their privacy
- You extort someone
What if it’s a minor?
Bullying can be a criminal act whether you are an adult or minor, but if you’re a minor it may not result in a criminal charge. If someone is a minor (younger than 18), and commits a criminal act, they often will end up in the juvenile justice system instead. A “juvenile delinquency” finding is not like a criminal conviction, but it does have grave consequences. A 16-year-old landed in juvenile detention for 79 days for making comments online about wanting to kill certain classmates. “He was also suspended from school for the rest of the year, and had to undergo a psychiatric evaluation.” Some other consequences of being in juvenile detention could include…
- Failure to return to or graduate from school
- Difficulty finding work
- Increased likelihood of recidivism
- Violence and sexual abuse
- Mental health concerns
Can you go to jail for cyberbullying?
Cyberbullying can definitely be classified as a crime. If you harass someone online based on race or gender, this may be considered a “hate crime” which would be classified as criminal harassment under the law. Making harassing phone calls and texts, and unwanted sexting may qualify as stalking and therefore also be classified as criminal harassment. Sharing inappropriate or obscene photos as well as taking a photo of someone in a place that violates their privacy can qualify as child pornography under the law. There is a case involving a 12-year-old in Arkansas who was arrested for hateful tweets. The 12-year-old spent 90 days in jail for his “violent, racist, homophobic and sexually explicit Twitter updates targeting local high school students.”
What would sentencing look like?
Anyone convicted of a hate crime, stalking, child pornography, criminal harassment, assault and battery charges that stemmed from bullying could face serious legal consequences.
- They could be imprisoned for up to five years depending on the state.
- Their computer, cell phone or other device used to share the image could be seized.
- They could be ordered to reimburse the victim for costs incurred in removing the intimate image from the Internet or elsewhere.
Can parents go to jail if their child bullies?
I know to some of you after seeing this question, your first thought might be “this is absurd!” I was curious to investigate this question considering some parents can be somewhat negligent with their children, and often there is no recourse. In most situations and in some states, this is unlikely to happen. But in North Tonawanda, a town located in western New York, a parent went to jail because their child was a bully.
A new rule was instated on Oct. 1 that allows parents to be fined $250 or be sentenced to 15 days in jail if their child violates city laws two or more times within a 90-day span.
When should you call the police?
- Call the police right away if your child has been physically assaulted in any way.
- Provide the officers with as much information and evidence to investigate if the situation qualifies as criminal harassment.
- Follow up on the investigation to see if the bully will end up in juvenile court.
- Ask the police about any other options for keeping the bully away from your child.
When should you get a lawyer?
Consultation with an attorney is always a good idea when possible criminal charges loom. You should talk to an attorney if…
- Your child has been accused of bullying and their behavior could cause them to be criminally charged.
- If your child has been the victim of bullying you might want to ask an attorney to write to school officials about the situation.
- If you want information about filing a civil case against the bully or suing the school district.
What to do?
- Get a written account from your child
- Collect evidence
- Submit your letter and evidence to the teacher and principal
- If your first report doesn’t bring results within a couple of days, write another letter to the principal and the school district’s superintendent, outlining the facts and requesting an immediate response to the problem.
- If the same bully has been targeting other students as well as your child, encourage their parents to speak up to school officials. Bullying is a serious issue with even more serious consequences that affects the global community. If you, your child or someone you care about are being victimized by bullying, or is the one doing the bullying; please encourage them to seek professional help. Healing from trauma is a long, enduring process that needs to be handled with love and precision. I hope this has been helpful!
The Bully Experience "Daniel's Story"
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