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However, prosecutors have used existing laws on the books to prosecute individuals
suspected of cyberbullying. Criminal harassment statutes can often provide a basis
for bringing charges in severe cases, and more serious criminal charges have been
brought in cases where the offense has resulted in suicide or other tragic
consequences.
Recently created cyber harassment statutes may also provide an avenue for
charging online bullies in some states. Nearly half of U.S. states include
"cyberbullying" in their broader bullying laws (PDF), while most states also include
either "cyberbullying" or "electronic harassment" as well. The nationwide trend is
toward greater accountability for bullying in general, both in school and off campus,
including criminal statutes.
Florida's "Jeffrey Johnston Stand Up for All Students Act" (Florida Statutes
Annotated, section 1006.147), which prohibits bullying of any K-12 student or staff
member, includes specific references to cyberbullying. The law doesn't include
criminal sanctions for such acts, but directs school districts to draft policies and to
report instances of bullying.
Victims in most states may seek remedies in civil court in some situations.
As this area of law is rapidly evolving, talk to a personal injury lawyer or education
attorney for more information on the laws that specifically apply in your jurisdiction.