Cyberbullying Charges in Arizona

The State of Arizona criminalizes cyberbullying when it reaches the level that a reasonable person would feel, “alarmed, annoyed or harassed.” In addition, the victim of the bullying must have experienced these effects. This standard comes from Arizona’s Harassment and Threatening and Intimidation statutes, which each cover several types of harassment, including cyberbullying, stalking and verbal harassment.

Arizona law also requires schools to enact anti-bullying policies, including cyberbullying that occurs in the educational setting. Students who try to circumvent the school’s rules, such as by sending threatening Facebook messages to another student from home, face potential prosecution under Arizona’s Harassment statute. The court is free to pass far harsher sentences than any school can impose.

Arizona’s anti-harassment and anti-threatening and intimidation laws

Under Arizona law, cyberbullying potentially falls under any of these three statutes:

• Harassment (misdemeanor)
• Threatening or Intimidating another (misdemeanor)
• Aggravated Harassment (felony)

Harassment

A person commits misdemeanor Harassment in Arizona when he or she communicates with another person in a manner that is harassing by verbal, electronic or written means. Since “electronic means” is included under the Harassment statute, Arizona does not have a separate criminal law covering cyberbullying.

Other actions that fall under the Harassment statute include following people in public places after being asked to stop, surveilling a person with no legitimate purpose, filing false police- credit- or social services reports and interfering with the delivery of a utility.

Sentences for misdemeanor Harassment range from probation to six months jail time, a possible fine of up to $2,500, or both.

Threatening or Intimidating Another

A person commits this crime when he or she uses language or conduct that threatens to cause physical injury to a person or his or her property. This statute also applies to people who cause, or act with reckless disregard to cause, a serious public inconvenience.

For example, contacting someone through electronic means and threatening to assault him or her (serious cyberbullying) could be charged under this statute. Another example could be a cyberbully falsely texting the police (likely on a burner phone) that the victim’s house is on fire, causing the fire department to rush to the scene and evacuate the residence.

Threatening or intimidating another person carries a sentence ranging between probation and six months in jail, a fine of up to $2,500 dollars, or both.

Aggravated Harassment

Any act that falls under misdemeanor Harassment can be charged as felony Aggravated Harassment under the following circumstances:

• A protective court order against the accused and in favor of the alleged victim is in effect at the time the harassment occurred
• The accused has previously been convicted of domestic battery
• The target of the harassment was previously victimized by the alleged harasser

For example, a high school bully verbally threatened to assault another student, and a court issued a protective order as a result. The bully then took to threatening the student online. This cyberbullying could lead to a felony Aggravated Harassment charge.

Criminal Harassment charges can lead to a criminal record that follows you for the rest of your life. If you have been accused of criminal harassment, you have the right to remain silent. Often, if the accused does not bear witness against himself or herself, the charges are ultimately dismissed. For this reason, it is best to stay silent and call a lawyer.

In cases where strong evidence exists, remaining silent may be even more important. Any statement made by the defendant can be used to plug holes in the prosecution’s case. If the case goes to trial, the result could be conviction and increased jail time. In addition, an incriminating statement or confession gives prosecutors leverage, in which case they will demand a tougher sentence in plea bargains.

For example, law enforcement may claim they have an electronic record proving you cyberbullied someone to coerce you into admitting guilt. However, this “proof” may not prove you did anything wrong at all. By staying silent, you give your lawyer the chance to review the case and determine if they really have damning evidence or were just trying to beef up a weak case with a “confession”.

Cyberbullying in Arizona schools

The Arizona Legislature passed a law requiring schools create and enforce policies and procedures that forbid students from engaging in harassment, intimidation or bullying. These policies cover behavior committed on school property, on school buses, at school-sponsored functions or through “electronic technology, communications, networks, forums or mailing lists.”

When it comes to Arizona school cyberbullying, the school’s purview is limited to electronic communications occurring while at school, on a school bus or at a school function. For example, students sending bullying text messages to a targeted student in the cafeteria would fall under the school’s purview. However, Facebook messenger harassment from home would not. However, it may violate Arizona criminal law.

The statute does not define what constitutes bullying or cyberbullying. Rather, it leaves it up to the schools to decide the boundaries.

The law requires school district employees to report cases of suspected bullying. In addition, schools must create a procedure for students, parents and school employees to report bullying in confidence. The school must also furnish students with a document that lists available rights, protections and support services available to combat bullying. Schools must have a process for documenting and investigating suspected bullying incidents and for imposing discipline on offenders.

The school must also have procedures for protecting students who are physically harmed by bullying.

Can cyberbullying violate federal law?

Federal law has no specific restrictions on cyberbullying. However, certain forms of cyberbullying could be construed to violate anti-discrimination and civil rights law.

If the cyberbullying is on the basis of the target’s membership in a protected class, it may violate federal law. Protected classes, under federal law, include race, sex, religion, national origin, age or disability.

For example, texting, posting online or using social media to target a member of a protected class with racial epithets and hate speech may violate that person’s federal civil rights.

Cyberbullying has become a large issue with the proliferation of social media. Often, bad actors feel comfortable saying terrible things online that they would not in person, especially if they can disguise their identities. Cyberbullying ranges from trolling to harassment to felonious threats or violence.

Under Arizona law, schools must shield students from cyberbullying while engaged in school-related activities. Outside of school, students and all other citizens are protected by Arizona’s Harassment, Threatening and Intimidating Another Person and Aggravated Harassment laws. These laws carry potential jail time and fines.

If ever accused of violating these laws, it’s best to remain silent and contact an attorney. The matter may be serious, or law enforcement may be trying to make a case out of a misunderstanding or misidentification. By remaining silent, you protect yourself and ensure the best possible outcome.