California Cyberbullying Laws

Bullying, whether in person or online, can have serious consequences for its victims. Unlike the clear cyberbullying laws in Texas, California doesn’t have a specific law solely addressing cyberbullying. However, several existing laws are in place to combat this issue of cyberbullying. The following are the cyberbullying laws in California:

1. California Penal Code Section 653.2

• Prohibits electronic harassment using electronic communication devices.
• Defines electronic harassment as any act that harasses, annoys, alarms, or threatens others.
• Punishment: Misdemeanor with up to one year in jail and a fine of up to $1,000.

2. California Penal Code Section 646.9

• Prohibits cyberbullying and cyberstalking.
• Cyberstalking involves acts causing reasonable fear for the safety of the victim or their family.
• Punishment: Misdemeanor or felony, depending on severity.
• Felony conviction: Up to 3 years in prison and a fine of up to $10,000.

3. California Education Code Sections 32261-32270

• Establishes a framework for preventing and addressing bullying and cyberbullying in schools.
• Mandates school safety plans, professional development, and training for staff.
• Defines bullying and cyberbullying, outlining reporting, investigation, and disciplinary procedures.

Understanding California Penal Code Section 653.2

Electronic Harassment Defined:

• Illegal use of electronic communication devices to harass, annoy, alarm, or threaten others.

Proving Electronic Harassment:

• Defendant engaged knowingly and willfully in a harassing course of conduct.
• Conduct had no legitimate purpose.

Examples of Electronic Harassment:

• Unwanted text messages or emails.
• Posting harmful information online.

Punishment:

• Misdemeanor with up to one year in jail and a fine of up to $1,000.

Understanding California Penal Code Section 646.9

Cyberbullying and Cyberstalking Defined:

• Prohibits acts causing reasonable fear for the safety of the victim or their family.

Proving Cyberstalking:

• Willful and malicious engagement in a course of conduct directed at a specific person.

Punishment:

• Felony with up to 3 years in prison and a fine of up to $10,000 (for prior convictions).
• Misdemeanor with up to one year in county jail and a fine of up to $1,000 (without prior convictions).

Additional Considerations:

• Applies to both adults and minors.
• Victim’s fear must be reasonable given the defendant’s actions.

Understanding California Education Code Sections 32261-32270

Key Provisions:

• Legislative findings and declaration.
• Establishment of interagency coordination system.
• School safety plans, professional development, and training.
• Definition of bullying and cyberbullying.
• Reporting and investigation procedures.
• Disciplinary action.

Significance:

• Comprehensive approach to address bullying and cyberbullying.
• Collaborative framework for effective responses.
• Emphasis on prevention through safety plans and training.
• Clear reporting and intervention procedures.
• Accountability with disciplinary measures.

California takes a multifaceted approach to combat cyberbullying, employing existing laws and an educational framework to create a safer environment for everyone. If you’re a victim, don’t hesitate to report incidents to your school or the police and consider seeking legal counsel. Together, we can work towards a bully-free California.