Bullying and harassment occur in schools and colleges. However, online harassment and bullying can occur at any age. Even adults can be the victims of cyberbullying and harassment. In this blog, our Seattle criminal defense attorneys discuss criminal charges for cyberbullying and harassment and the penalties you could face if you are convicted for cybercrimes.
What Is Cyberbullying?
Cyberbullying is bullying that takes place online or over digital accounts. A person may cyberbully through one or more sources, including social media, SMS, online forums, blog sites, chat rooms, texts, email, gaming, apps, and websites where people can share content.
Examples of cyberbullying include:
- Posting threatening or abusive comments about the victim.
- Sharing embarrassing or degrading photographs of the victim.
- Posting or sharing humiliating, derogatory, or defamatory comments about the victim.
- Unwelcome and repeated emails, telephone calls, text messages, and other electronic communications.
- Posting and sharing digitally altered photographs of the victim intended to hurt or embarrass the victim.
- Tricking the victim into doing or saying things by using false postings, communications, and personas.
- Posting and sharing rumors and private information about the victim.
- Creating fake accounts in the victim’s name to post embarrassing comments, information, videos, and photographs.
- Threatening the victim online or through other digital means.
- Outing someone to reveal their gender identity or sexual orientation without their consent
- Creating bash boards to invite others to join a group to bully the victim.
- Engaging in exclusion to isolate the victim and make them feel alone and abandoned by their peer group.
In addition to facing criminal charges for cyberbullying, a person could be charged with a hate crime. This type of cyberbullying involves targeting a victim based on a protected class, such as gender expression, race, color, sex, religion, national origin, disability, sexual orientation, or ancestry.
Is Cyberbullying and Harassment a Crime in Seattle, WA?
Revised Code of Washington §9A.90.120 defines the crime of cyber harassment. Cyberbullying generally falls under the category of harassment. A person may be convicted of cyber harassment if they use electronic communication with the intent to intimidate or harass someone.
Cyber harassment is a wobbler offense. Most cyber harassment charges are gross misdemeanors. A conviction can result in up to 364 days in jail and a maximum fine of $5,000.
However, cyber harassment can be charged as a Class C felony if the behavior:
- Violates a protective order
- Includes a threat to kill the victim or someone else
- Harasses a judge, prosecutor, police officer, or other criminal justice participant or an election official because of their duties
- Is the second conviction for any harassment offense against the same victim, the victim’s family, or someone named in a protective order
Penalties for a Class C felony conviction include up to five years in prison and a maximum $10,000 fine.
What Should I Do if I’m Arrested for Cyberbullying or Harassment in Washington?
Do not answer questions or make a statement to police officers or the prosecutor without an attorney present. Instead, remain silent except for asking for a criminal defense lawyer.
If you are released pending your hearing, do not attempt to contact the victim or their family. Make sure you understand all restrictions and conditions of your release and follow them.
Contact a criminal law attorney to discuss your case as soon as possible. In addition to a cyberbullying or harassment charge, the prosecutor may file other charges related to the bullying or harassment. If so, the potential for lengthy prison sentences and other penalties increases.
Learn More During a Consultation with a Seattle Criminal Defense Attorney
Cyberbullying and harassment are serious criminal charges in Washington State. Contact Jennifer Horwitz Law to talk with a Seattle criminal defense attorney if you were arrested for cybercrimes or other offenses. The best way to protect your rights is with the help of an experienced cybercrime lawyer.