Cyber Bullying Laws & Legislations


Federal Legislation Against Cyber Bullying:


Unfortunately, the United States does not currently have any federal laws in place that address the issue of bullying. However, a great deal of lobbying is being done by various groups and organizations, including ETCB, to get laws passed that confront this matter.


Individual State and Territorial Legislation Against Cyber Bullying:

Alabama:
Ala. Code Sec. 13A-11-8(b) makes harassment in any way (including harassment through electronic means) a misdemeanor.
Ala. Code Sec. 16-28B is the Student Harassment Prevention Act and requires public schools to adopt policies to prevent harassment of one student by another. It also requires the State Department of Education to implement a model policy for schools and appropriates $10,000 for fiscal year 2010-2011 for implementation.

Alaska:
Although Alaska does not have a direct statute relating to cyberbullying, Alaska Stat. § 11.61.120 is an anti-harassment statute that includes electronic means of threatening the physical well-being of another person as harassment.

American Samoa:
Am. Samoa Code Ann. § 46.3524 is a harassment statute that is used to prosecute cyberbullying and calls for each school to have its own policies for dealing with student conduct.

Arizona:
Arizona does not have a cyberbullying statute, but requires the state governing board to prescribe and enforce policies and procedures to prohibit harassment, intimidation and bullying of other students in school or any school related activity or event.
A harassment statute could be used to prosecute prolonged cyberbullying.

Arkansas:
Ark. Code Ann. Sec. 6-18-514 includes cyberbullying in the definition of bullying and requires every public school district to adopt policies to prevent and remediate harassment.
Ark. Code Ann. Sec. 5-71-217, classifies cyberbullying as a class B misdemeanor and allows for prosecution for instances of cyberbullying.

California:
Calif. Educ. Code Sec. 32260-32261 requires California public schools to adopt an interagency and comprehensive safety plan that includes cyberbullying policies. it prohibits cyberbullying directed specifically toward a student or school personnel. However, punishment for cyberbullying may only be used if it is “related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or occurring within any other school district.” students are also required to train and educate each other about the dangers of cyberbullying.

Colorado:
Although Colorado does not have a cyberbullying statute it does have a comprehensive bullying statute (Colo. Rev. Stat. Ann. Sec. 22-32-109.1) which was passed as a direct response to the Columbine shootings. The Colorado harassment statute does contemplate harassment by electronic means as well (Colo. Rev. Stat. Sec. 18-9-111).

Connecticut:
General statutes § 10-222d requires local and regional boards of education to adopt and implement anti-bullying policies. Their definition of bullying can be changed to include cyberbullying.

Delaware:
14 Del. Code Ann. Sec. 4123A gives school administrators the authority to take action against technology related bullying occurring on or off school grounds provided that there is a connection with school. Each school has to develop an anti-bullying with “no reprisal” policy that includes reporting requirements and consequences. It also requires the state Department of Education to coordinate with the state Department of Justice.

District of Columbia:
Although the district of Columbia does not have a cyberbullying statute, the D.C. Code Ann. §22-404 is a stalking law that can be used to prosecute cyberbullying.

Florida:
FS 1006.147 was enacted in April of 2008 that provides a legal definition for bullying that includes bullying that occurs over the computer using school networks on or off school property. It mandates each school district to promptly develop a code of conduct against all bullying and harassment.
There is also currently a new bill that is headed to the governor for approval. It gives an actual definition for cyberbullying and gives schools the power to discipline students for cyberbullying occurrences that are school related.

Georgia:
OCGA Sec. 20-2-751.4 includes cyberbullying in its anti-bullying statute and requires local school boards to adopt policies prohibiting bullying, parental notification, age-appropriate range of consequences for bullying, “no reprisal” reporting by school employees of bullying, and procedures to remove students from a school to separate them from their victim after three bullying offenses.

Guam:
Guam Code Ann. tit. 9 § 19.69 includes electronic harassment in general harassment laws.

Hawaii:
There is pending legislation requiring the State Department of Education to adopt and implement a comprehensive bullying policy, although it does not specifically include cyberbullying in its definition.

Idaho:
Idaho Code Ann. Sec 18-917A includes cyberbullying in its Student Harassment, Intimidation, and Bullying statute. Idaho Code Ann. Sec. 33-205 gives school officials the power to suspend or expel students for cyber harassment.

Illinois:
750 ILCS 5/12-7.5 defines cyber stalking and makes it a class 4 felony. A new bill is under legislation that requires each school include cyberbullying in general school policies on bullying and requires each school to maintain preventative and disciplinary actions as well as detailed records of bullying incidents.

Indiana:
Although Indiana does not have a cyberbullying statute, it does have intimidation, harassment, and computer trespass laws that can be used to prosecute cyberbullying.

Iowa:
Iowa Code § 280.28 includes cyberbullying in its definition of bullying and harassment and requires that the board of directors if a school district adopt anti-bullying policies.