August 30, 2024 | Criminal Defense
Defendants accused of cyberbullying may face serious legal ramifications, including potential civil lawsuits or criminal charges. Depending on the severity and nature of the behavior, they could be subject to fines, restraining orders, or even jail time. Understanding how these laws work in Ohio and what defendants can do to combat these charges is absolutely essential.
Ohio Anti-Bullying Statutes
Ohio has enacted anti-bullying statutes aimed at promoting a safe environment in schools. These laws mandate that all school boards establish anti-bullying policies that prohibit bullying both on school property and during school-sponsored events.
Ohio statutes define bullying as severe or repeated acts–whether written, verbal, electronic, or physical–that cause mental or physical harm to students. This broad definition encompasses various types of behavior, some of which could be seen as cyberbullying.
There are additional Ohio laws that prosecutors can use to pursue charges against individuals for cyberbullying behavior. This is possible because many of these laws include provisions related to electronic communications.
Telecommunications Harassment
Ohio’s telecommunications harassment law aims to address behaviors often linked with cyberbullying. It establishes legal boundaries around telecommunications, including phone calls and electronic messages, to protect individuals from specific forms of harassment.
The law prohibits certain actions involving telecommunications, such as:
- Harassment or Intimidation: Engaging in communication that harasses, intimidates, or abuses someone.
- Sexually Explicit Communications: Sending sexually explicit or suggestive content after being explicitly asked to stop.
- Threats of Physical Harm: This indicates that the sender intends to cause serious physical harm either to a person or property.
- Ignoring Requests to Stop: Continuing contact with someone after they have clearly requested no further communication.
- Spreading False Information: Disseminating false information about an individual’s personal life, reputation, or conduct meant specifically to intimidate them.
In Ohio, a telecommunications harassment charge is classified as a first-degree misdemeanor. This carries significant penalties, including up to 180 days in jail and a fine of up to $1,000.
If further violations occur or if circumstances escalate, prosecutors may charge individuals with fifth-degree felonies. The penalties are more severe and include up to one year in prison and fines that reach up to $2,500.
Menacing by Stalking
Ohio’s menacing by stalking statute applies when someone engages in a pattern that creates a reasonable fear for the victim’s physical or mental well-being or that of their family members. The focus is on the impact of these actions on the victim and whether they feel threatened.
The statute explicitly addresses electronic communications, indicating that misuse through electronic communications – such as texts, emails, or social media – is considered stalking behavior. It prohibits using technology to encourage others to engage in stalked behaviors as well.
Menacing by stalking is typically classified as a first-degree misdemeanor in Ohio. Offenders may face penalties of up to 180 days in jail and fines that can reach $1,000.
Under certain conditions, the charge can be elevated to a fourth-degree felony, which results in significantly harsher penalties. These aggravating factors include:
- Prior Conviction for Menacing by Stalking: Having previous convictions for this offense increases the severity of current charges.
- Direct Threats of Physical Harm: If threats were made during the incident that indicated an intent to physically harm the victim, charges could be increased.
- Trespassing on Victim’s Property: Entering or remaining on property belonging to the victim – whether it’s their home, workplace, or school – can elevate the charges.
- Victim is a Minor: If the person being stalked is underage, it exacerbates legal repercussions.
- Documented History of Violent Behavior Toward Victim: A recorded history showing violent behavior toward the individual involved further exacerbates penalties.
Individuals convicted of a fourth-degree felony face up to 18 months in prison and fines of up to $5,000.
Contact the Cincinnati Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (513) 613-2647 or visit us at our Cincinnati Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202
United States
