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Cyberbullying and Juvenile Law: Legal Consequences in California
According to StopBullying.gov, “Cyberbullying includes sending, posting, or sharing negative, harmful, false, or mean content about someone else” (1). This could include posting embarrassing or humiliating media or information and “revenge porn” or sextortion. At the Law Office of Katie Walsh, we can explain to you the legal nuances of this new crime and, as a top Orange County juvenile crime lawyer, help defend your child if he or she has been accused of cyberbullying.
The Impact of Cyberbullying on Teens
The use of technology, such as social media, emails, or text messages, to harass, intimidate, or harm others, or cyberbullying, has numerous negative consequences for teenagers, including:
- Emotional Distress
- Academic Challenges
- Social Isolation
- Physical Health Issues
Legal Consequences of Cyberbullying
In California, there are laws in place to address and combat cyber bullying. As an Orange County juvenile crime attorney, our office rarely sees a single incident of cyberbullying leading to criminal charges. Usually law enforcement is brought in when there is an on-going, long-term pattern of harassment, similar to obtaining a restraining order. Additionally, cyberbullying is often reported to school authorities first before the police get involved.
California Penal Code Section 653.2
California Penal Code Section 653.2 specifically criminalizes cyberbullying. Under this law, it is illegal to electronically distribute or disseminate any material, whether true or false, with the intent to harass, annoy, or threaten another person. Violations of this law are charged as a misdemeanor, carrying penalties such as fines and jail time.
Education Code Section 32261
Education Code Section 32261 requires California schools to adopt and implement policies prohibiting cyberbullying. Schools must also provide a procedure for students, parents, and staff to report incidents of cyberbullying and outline the consequences for those involved. The implementation of this law ensures that both online and offline bullying are taken seriously within Orange County’s educational institutions.
Legal Consequences for Juveniles Who Commit Cyberbullying
If a juvenile is found to be responsible in Orange County’s juvenile justice system for cyber bullying, there are several potential legal consequences they could face. As an Orange County juvenile crime attorney, these are consequences our team sees most often:
- Probation: Juveniles are often placed on probation, which can involve strict conditions such as mandatory counseling, community service, or restrictions on internet usage.
- Diversion Programs: In some cases, minors may be offered the option to participate in diversion programs. These programs aim to educate juveniles about the impact of their actions and help them develop, in this case, empathy and remorse.
- Restitution: In certain situations, a teen may be ordered to pay restitution to the victim for any damages caused by the cyberbullying.
Need An Orange County Juvenile Crime Lawyer?
The Law Office of Katie Walsh, located in Newport Beach and Tustin, has a deep understanding of California’s cyberbullying legislation. To schedule a free consultation with Orange County juvenile crime attorney Katie Walsh, please contact our office at your earliest convenience. Our team is ready to fight for justice and ensure that your rights are protected.