Cyber-bullying Laws by State.

Overview

States have enacted “cyberstalking” or “cyberharassment” laws or have laws that explicitly include electronic forms of communication within more traditional stalking or harassment laws. In addition, recent concerns about protecting minors from online bullying or harassment have led states to enact “cyberbullying” laws. This chart identifies state laws that include specific references to electronic communication. However, other state laws may still apply to those who harass, threaten or bully others online, although specific language may make the laws easier to enforce. This chart classifies the various state laws addressing these three different types of online behaviors, as described below.

Cyberstalking. Cyberstalking is the use of the Internet, email or other electronic communications to stalk, and generally refers to a pattern of threatening or malicious behaviors. Cyberstalking may be considered the most dangerous of the three types of Internet harassment, based on a posing credible threat of harm. Sanctions range from misdemeanors to felonies.

Cyberharassment. Cyberharassment differs from cyberstalking in that it may generally be defined as not involving a credible threat. Cyberharassment usually pertains to threatening or harassing email messages, instant messages, or to blog entries or websites dedicated solely to tormenting an individual. Some states approach cyberharrassment by including language addressing electronic communications in general harassment statutes, while others have created stand-alone cyberharassment statutes.

Also, PLEASE take a look at this. It’s constantly being updates and a new 2014 version will be released soon!

http://www.cyberbullying.us/Bullying_and_Cyberbullying_Laws.pdf

State/Territory	Cyberstalking	Cyberharassment
Alabama		Ala. Code § 13A-11-8
Alaska	Alaska Stat. §§ 11.41.260, 11.41.270
Arizona	Ariz. Rev. Stat. § 13-2923	Ariz. Rev. Stat. §§ 13-2916, 13-2921
Arkansas	Ark. Code § 5-41-108	Ark. Code § 5-41-108
California	Cal. Civil Code § 1708.7, Cal Penal Code § 646.9	Cal. Penal Code §§ 422, 653.2, 653m
Colorado	Colo. Rev. Stat. §§ 18-602, 18-9-111	Colo. Rev. Stat. § 18-9-111
Connecticut	Conn. Gen. Stat. § 53-181d (2012 Public Act 114), 53a-183	Conn. Gen. Stat. § 53a-182b, 53a-183
Delaware		Del. Code tit. 11 § 1311
Florida	Fla. Stat. § 784.048	Fla. Stat. § 784.048
Georgia	Georgia Code § 16-5-90
Hawaii		Hawaii Rev. Stat. § 711-1106
Idaho	Idaho Stat. §§ 18-7905, 18-7906
Illinois	720 ILCS §§ 5/12-7.3, 5/12-7.5, 740 ILCS21/10	720 ILCS §§ 135/1-2, 135/1-3, 135/2
Indiana		Ind. Code § 35-45-2-2
Iowa		Iowa Code § 708.7
Kansas	Kan. Stat. § 21-3438
Kentucky	Ky. Rev. Stat. § 508.130 to .150
Louisiana	La. Rev. Stat. §§ 14:40.2, 14:40.3
Maine	Me. Rev. Stat. tit 17A § 210A (see 2007 Me. Laws, Ch. 685, sec. 3)
Maryland		Md. Code tit. 3 § 3-805 (2013 H.B. 396, Chapter 369)
Massachusetts	Mass. Gen. Laws ch. 265 § 43	Mass. Gen. Laws ch. 265 § 43A
Michigan	Mich. Comp. Laws §§ 750.411h, 750.411i	Mich. Comp. Laws § 750.411s
Minnesota	Minn. Stat. § 609.749	Minn. Stat. § 609.795
Mississippi	Miss. Code §§ 97-45-15, 97-45-17, 97-3-107	Miss. Code § 97-29-45
Missouri	Mo. Rev. Stat. § 565.225	Mo. Rev. Stat. § 565.090
Montana	Mont. Code Ann. § 45-5-220	Mont. Code Ann. § 45-8-213
Nebraska*	Neb. Rev. Stat.§ 28-311.02	Neb. Rev. Stat.§ 28-311.02
Nevada	Nev. Rev. Stat. § 200.575
New Hampshire		N.H. Rev. Stat. § 644:4
New Jersey	N.J. Stat. § 2C:12-10, 2C:12-10.1
New Mexico*		N.M. Stat. § 30-3A-3
New York		New York Penal Law § 240.30
North Carolina	N.C. Gen. Stat. §§ 14-196.3	N.C. Gen. Stat. § 14-196(b)
North Dakota		N.D. Cent. Code § 12.1-17-07
Ohio	Ohio Rev. Code § 2903.211	Ohio Rev. Code §§ 2917.21(A),2913.01(Y)
Oklahoma	Okla. Stat. tit. 21 § 1173	Okla. Stat. tit. 21 § 1172
Oregon	Or. Rev. Stat. §§ 163.730 to 163.732	Or. Rev. Stat. § 166.065
Pennsylvania	Pa. Cons. Stat. tit. § 18 2709.1	Pa. Cons. Stat. tit. 18 § 2709(a), 2709(f)
Rhode Island	R.I. Gen. Laws §§ 8-8.1-1, 11-52-4.2,	R.I. Gen. Laws § 11-52-4.2
South Carolina	S.C. Code §§ 16-3-1700(C), 16-3-1700(F)	S.C. Code §§ 16-3-1700(B), 16-3-1700(C), 16-17-430
South Dakota	S.D. Cod. Laws § 22-19A-1	S.D. Cod. Laws § 49-31-31
Tennessee	Tenn. Code § 39-17-315	Tenn. Code § 39-17-308
Texas		Tx. Penal Code § 33.07
Utah	Utah Code § 76-5-106.5	Utah Code § 76-9-201
Vermont	Vt. Stat. tit. 13 §§ 1061, 1062, 1063	Vt. Stat. tit. 13 § 1027
Virginia	Va. Code § 18.2-60	Va. Code § 18.2-152.7:1
Washington	Wash. Rev. Code §§9A.46.110, 9.61.260	Wash. Rev. Code §§ 9A.46.020,10.14.020
West Virginia		W. Va. Code § 61-3C-14a
Wisconsin		Wis. Stat. § 947.0125
Wyoming	Wyo. Stat. § 6-2-506
TERRITORIES:
Guam	X.G.C.A. tit. 9 §§ 19.69, 19.70	X.G.C.A. tit. 9 §§ 19.69, 19.70

* Statute does not specify “electronic” or “Internet,” but refers to “telephoning, contacting, or otherwise communicating…” (Nebraska) or “by any action, method, device or means…” (New Mexico).

Federal Law

Federal laws that deal with stalking and harassment:

Unauthorized Information: The Computer Fraud and Abuse Act creates civil and criminal liability for a person who obtains any information from any internet-connected computer without authorization. An additional civil and criminal remedy exists for those who access a computer with the intent to defraud. This statute could be useful in situations where a victim has been secretly recorded through his/her own computer, or where the perpetrator gained access to sexual photos or videos through unauthorized access to the victim’s computer. (8 U.S.C. 1030)

Copyright Infringement: Victims of nonconsensual online publication of intimate photographs or videos (revenge porn) may bring a civil suit for copyright infringement if the victim is the person who originally took the picture, and is thus the copyright owner. (17 U.S.C. 50)

Eavesdropping: If non-consensually published material was originally obtained by the perpetrator’s intercepting an electronic communication, he may be criminally and civilly liable. (18 U.S.C. 2511)

Interstate Threats and Extortion: A person who publishes or threatens to publish private photos or videos of another with the intention of forcing the victim to do something he/she would not have done otherwise may be charged with extortion, if the perpetrator communicated with the victim via interstate commerce channels (phones, computers, internet, etc.) (18 U.S.C. 875)

Interstate Stalking: Section 2261A(1) makes it a federal crime to travel across state, tribal or international lines to stalk another person with ” the intent to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate another person.” Furthermore, the travel must result in reasonable fear of death, serious bodily injury or substantial emotional distress either to a victim or a victim’s family member, spouse or intimate partner. Section 2261A(2) makes it a federal crime to stalk another person across state, tribal or international lines, using regular mail, email, or the Internet. The stalker must have the intent to kill, injure, harass, intimidate or cause substantial emotional distress, or to place a victim or a victim’s family member, spouse or intimate partner in fear of death or serious bodily injury. (18 U.S.C. Section 2261A)

Interstate Domestic Violence: Section 2261(a)(1) makes it a federal crime to travel across state, tribal, or international lines with the intent to kill, injure, harass, or intimidate a spouse or intimate partner and to commit, or attempt to commit, a crime of violence against that spouse or intimate partner. 2261(a)(2) makes it a federal crime to cause a spouse or intimate partner to cross state, tribal, international lines, by force, coercion, duress, or fraud, and to commit, or attempt to commit, a crime of violence against that spouse or intimate partner. (18 U.S.C. Section 2261)

Interstate Violation of a Protection Order: Section 2262(a)(1) makes it a federal crime to travel across state, tribal, or international lines with the intent to violate a protection order and to subsequently engage in conduct that violates that order.

Harassing Telephone Calls in Interstate Communications: This statute makes it a federal crime to use a telephone, the internet, or any other telecommunications device to annoy, abuse, harass, or threaten another person at the called number. (47 U.S.C. Section 223(a)(1)(C))

Falsifying Caller ID: It is possible for callers to disguise their identity by falsifying the telephone number that appears on the recipient’s caller ID. This is called “caller ID spoofing” and was made illegal by the Truth in Caller ID Act, which prohibits the transmitting of misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value. Violators are subject to a penalty of up to $10,000 per violation. If you suspect that caller ID information has been falsified, you can file a complaint with the FCC.

Caller ID Blocking: Federal law protects the privacy of the person calling by requiring telephone companies to provide the option to block one’s phone number. Callers must have the choice to reveal or block their numbers for any interstate calls. To block your phone number for any call, dial *67 before making a call. To unblock your number, dial *82.

Cyberstalking Resources: