Minors and Cyber Bullying: Understanding Your Rights

California takes very seriously the epidemic of cyber bullying – that is, threatening, harassing, or deliberately frightening another person online. In fact, cyber bullying can be a crime in the state. Each and every school in the state is required at this time to advance policies for interpersonal relationships surrounding cyber bullying, as well as full-scale campus-wide rules.

California laws are designed to protect victims of cyber bullying

There are two types of illegalities surrounding California cyber bullying. First, according to Cal. Pen. Code § 653.2, if one stoops to posting personal information about someone online in order to cause fear, this is a punishable misdemeanor. If a person posts on the Internet any identifying personal data about another person, or a harassing message about that person with the intent to cause them harm or distress, that is definitively cyber bullying, and illegal in the state.

Second, any person in California who uses a telephone or other electronic means of communicating to use obscene language directed at another person, or to threaten to injure a person’s property or body – or that of a family member – is guilty of a misdemeanor crime in the state of California (Cal. Pen. Code § 653m).

In short, the state takes these crimes seriously enough to impose fines and possible jail time if repeated and chronic. If you are being cyber bullied in California, you will want to retain the counsel of a Los Angeles assault attorney in order to explore your options for combatting this heinous slight.

Schools have a responsibility to protect vulnerable children from cyber bullying

In California’s Safe Place to Learn Act of 2009, schools are required to do everything in their power to diminish harassment, discrimination, and violence. Each school in the state must adopt policies or procedures to fight cyber bullying and other types of harassment. Interestingly, this extends to intimidation and bullying based on “conceived” characteristics of the victimized student(s) (Cal. Edu. Code § 234). There are similar statutes for the public universities in California.

The policies and procedures that each school develops can be their own, but they must address the following:

• Detail the process for students and others (staff, etc.) to report bullying.
• Detail the process for the school’s investigation of these reports – including who will investigate, how they will do so, and on what timeline.
• School employees and staff must consent to an intervention and must do everything they can to prevent suspected bullying and other similar incidents.
• Detail and establish an appeal process for any student to challenge an accusation or finding of bullying.
• Work to prohibit retaliation efforts against anyone who reports suspected bullying.

If you have been the victim of cyber bullying, or have a question about the requirements for educators in California on this subject, you might need to consult with a Los Angeles harassment attorney. The law firm of Taylor & Ring is experienced and knowledgeable about the harms of cyber bullying, as well as the methods available to combat either systemic or individual issues. Call Taylor & Ring today at 310.776.6390, or use our contact form to schedule your conversation about how best to combat cyber bullying in your home, family, and community.

Se habla español.