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Cyberbullying



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Cyberbullying

It’s true; what you do online can have lasting ramifications offline. The United States has implemented federal and state legislation to handle cases of cyberbullying, cyberstalking, cyberharassment, textbullying, and online sexual harassment. Under federal law, you could be jailed for up to five years for soliciting a minor for sex online, physically threatening someone online, or using your cell phone to make anonymous threats.

Enacted cyber-bullying/harassment/stalking state legislation:

18 U.S.C. section 2425 - Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, knowingly initiates the transmission of the name, address, telephone number, social security number, or electronic mail address of another individual, knowing that such other individual has not attained the age of 16 years, with the intent to entice, encourage, offer, or solicit any person to engage in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title, imprisoned not more than 5 years, or both.

18 U.S.C. 875(c) – Making a federal crime, punishable by up to five years in prison and a fine of up to $250,000, to transmit any communication in interstate or foreign commerce containing a threat to injure the person of another. Section 875(c) applies to any communication actually transmitted in interstate or foreign commerce - thus it includes threats transmitted in interstate or foreign commerce via the telephone, e-mail, beepers, or the Internet.

47 U.S.C. 223 - Making a federal crime, punishable by up to two years in prison, to use a telephone or telecommunications device to annoy, abuse, harass, or threaten any person at the called number. The statute also requires that the perpetrator not reveal his or her name.

Interstate Stalking Act - Makes it a crime for any person to travel across state lines with the intent to injure or harass another person and, in the course thereof, places that person or a member of that person's family in a reasonable fear of death or serious bodily injury. See: 18 U.S.C. 2261A.