Louisiana Cyberbullying Law: Protection For Adult Victims?

Cyberbullying is a serious crime in Louisiana, with specific laws and penalties in place to address this issue. The state's criminal statutes define cyberbullying as the transmission of any electronic textual, visual, written, or oral communication with the malicious and willful intent to coerce, abuse, torment, or intimidate a person under the age of eighteen. This means that the laws specifically protect minors from cyberbullying, and the maximum penalty for offenders is a $500 fine, six months in jail, or both. However, it is unclear if these laws extend to adult victims of cyberbullying, and further legal analysis is required to determine if there are separate provisions or protections in place for adults who experience cyberbullying in Louisiana.

Cyberbullying vs cyberstalking

In Louisiana, cyberbullying is defined as:

> The transmission of any electronic textual, visual, written, or oral communication with the malicious and willful intent to coerce, abuse, torment, or intimidate a person under the age of eighteen.

Louisiana law also defines the victim of cyberbullying as a "person under the age of eighteen". This means that the state's cyberbullying laws do not apply to adult victims. However, adult victims of cyberbullying may be protected by Louisiana's cyberstalking laws or other criminal statutes.

Cyberbullying vs. Cyberstalking

Cyberbullying and cyberstalking are both forms of online harassment that can have serious consequences for victims. While there is some overlap between the two, they differ in terms of severity, frequency, and legality.

Cyberbullying is a term most often used to describe behaviour directed towards children and teenagers, especially in school settings. It can include a broad range of online behaviours, from offensive name-calling and embarrassment to more severe forms of harassment. Cyberbullying can be a one-time incident or repeated behaviour.

Cyberstalking, on the other hand, is characterised by repeated unwanted messages, the use of technology to monitor a victim's activities and location, and threats to expose confidential information or harm the victim. Cyberstalking behaviour crosses the line into criminal conduct when it causes the victim to reasonably fear for their safety or the safety of others.

While cyberbullying is often addressed through school policies and disciplinary actions, cyberstalking is a criminal offence that can result in imprisonment and fines. In the United States, cyberstalking is federally illegal, and many states have additional laws that address this issue.

Louisiana's cyberbullying penalties

Louisiana's cyberbullying laws apply to victims under the age of 18. Cyberbullying is defined as the transmission of any electronic textual, visual, written, or oral communication with the malicious and willful intent to coerce, abuse, torment, or intimidate a person under the age of 18. Louisiana legislators have addressed cyberbullying in criminal statutes, and a person who engages in this type of cybercrime can face charges for cyberbullying, cyberstalking, stalking, and unlawful harassing communications.

Louisiana's cyberbullying laws impose criminal sanctions for cyberbullying, and an offender who engages in such unlawful behavior faces up to six months in jail and a $500 fine. (La. Rev. Stat. § 14:407 (2024)).

Louisiana's Cyberstalking Penalties

Cyberstalking is a more serious form of cyberbullying and occurs when the unlawful behavior escalates. A first-offense cyberstalking conviction carries up to one year in jail and a $2,000 fine. A second conviction (within seven years) subjects a guilty defendant to six months to three years of incarceration and a $5,000 fine. Within the same timeframe, if an offender gets a third or subsequent conviction, they face two to five years' imprisonment and a $5,000 fine. (La. Rev. Stat. § 14:403 (2024)).

Louisiana's Stalking Penalties

Acts of cyberbullying can be charged as stalking if the defendant intentionally and repeatedly harasses someone, and that conduct would cause a reasonable person to feel alarmed or suffer emotional distress. A first conviction carries 30 days to one year in jail and a fine of $500 to $1,000. However, if the victim is a child, increased penalties apply, ranging from one- to five-year prison sentences depending on the severity of the offense. For repeat stalking convictions, punishment ranges from 5 to 40 years' imprisonment and a $5,000 fine. Additionally, Louisiana law requires anyone convicted of stalking to undergo a psychiatric evaluation. (La. Rev. Stat. § 14:402 (2024)).

Louisiana's Unlawful Harassing Communications Penalties

Louisiana law also criminalizes the use of electronic devices to send obscene, profane, or threatening communications with the intent to coerce, intimidate, or harass any person. A first conviction for unlawful harassing communications is punishable by up to six months of incarceration and a $500 fine. Penalties increase to up to two years in prison and a $5,000 fine for second and subsequent offenses. (La. Rev. Stat. § 14:285 (2024)).

Cyberbullying and free speech

Cyberbullying, a form of online harassment, has become a major issue in schools and society at large. In the US, more than 30 states have cyberbullying laws, and many others have laws requiring public school districts to include cyberbullying in their anti-bullying policies. Louisiana, for example, has criminal statutes that prohibit and penalize cyberbullying.

However, cyberbullying also presents First Amendment issues, as the statutes often criminalize speech, and the language used in the laws can be overly broad or vague. For instance, the New York Court of Appeals invalidated Albany County's cyberbullying law as overbroad, reasoning that it "embraces a wide array of applications that prohibit types of protected speech far beyond the cyberbullying of children." Similarly, the North Carolina Supreme Court invalidated its state cyberbullying law in State v. Bishop (2016) because the law failed to require that the victim of an online post suffer injury from the online tormenting, thus "sweeping far beyond the state's legitimate interest in protecting the psychological health of minors."

Free-speech advocates argue that the breadth and vagueness of the statutory language in many of these laws put them in jeopardy. UCLA law professor and free-speech expert Eugene Volokh, for instance, argues that such laws should not aim to ban nonthreatening and nonlibelous speech, even if it is distressing or offensive. He explains that the law could cover "a girlfriend's excoriating her cheating ex-boyfriend on a Facebook post or people emailing each other about some high school cheating scandal."

On the other hand, some argue that cyberbullying can have severe consequences, including trauma, depression, anxiety, and even suicide. Therefore, while free speech is a fundamental right, the government can punish speech when it is likely to be immediately dangerous to others. The line between protected and illegal speech is not always clear, and intent plays a crucial role in determining whether speech is illegal.

Cyberbullying in schools

Cyberbullying is a form of bullying that takes place over digital devices like cell phones, computers, and tablets. It involves the use of electronic communications such as emails, calls, texts, messages, and posts to transmit textual, visual, written, or oral content with the malicious and willful intent to coerce, abuse, torment, or intimidate a victim. Cyberbullying can have serious negative effects on victims, including impacts on their mental and physical health, educational experience, and social well-being. It is important to address and prevent cyberbullying in schools to create a safe and respectful environment for students.

In the context of Louisiana, cyberbullying laws specifically define cyberbullying as the transmission of any electronic textual, visual, written, or oral communication with the malicious and willful intent to coerce, abuse, torment, or intimidate a person under the age of eighteen. Louisiana has criminal statutes that prohibit and penalize cyberbullying, and offenders can face up to six months in jail and a $500 fine. Additionally, Louisiana school districts are required by law to implement anti-bullying policies, which include definitions of bullying, statements prohibiting bullying, disciplinary and criminal consequences for violations, and procedures for reporting, investigating, and responding to incidents.

To address cyberbullying in schools, it is crucial to create a positive and respectful school climate. This involves implementing social and emotional learning programs to help students manage their emotions and build positive relationships. Educators play a central role in preventing and responding to cyberbullying, and they should be trained to recognize the warning signs of cyberbullying and facilitate open communication between students, parents, and the school. It is also important to educate students about internet safety and responsible online interaction, encouraging them to report cyberbullying incidents and seek support from trusted adults.

Students who are being cyberbullied should be instructed not to respond to any messages or posts, as this is what the bully wants. Instead, they should save any evidence of cyberbullying, such as screenshots and abusive messages, and report the incident to a trusted adult or authority. It is important to reassure students that reporting cyberbullying will not make the situation worse and that they should persist in reporting any continued attacks. Additionally, students should be encouraged to block the cyberbully's contact information and delete them from their social media connections.

In summary, cyberbullying in schools is a serious issue that requires a comprehensive approach. By creating a positive school culture, implementing prevention and intervention programs, and promoting open communication, schools can effectively address and reduce cyberbullying incidents. Students who are being cyberbullied should be empowered to take action and seek support, and educators should be equipped with the necessary tools and resources to handle such situations effectively.

Civil lawsuits for cyberbullying

In Louisiana, a victim of cyberbullying may bring a civil lawsuit against the perpetrator for the emotional, social, or financial harm caused by the offense. The size of the damages awarded will depend on the harm caused to the victim. For example, a civil court judge may order a cyberbully to pay the cost of therapy for the emotional distress caused to the victim.

Louisiana defines "cyberbullying" as the transmission of any electronic textual, visual, written, or oral communication with the malicious and willful intent to coerce, abuse, torment, or intimidate a person under the age of eighteen. Cyberbullying can be committed through a variety of methods, including internet chat rooms, electronic mail, and online messaging services. The crime occurs when the communication is either sent, received, or viewed, and it does not matter if someone other than the intended recipient views the communication.

Louisiana legislators have also addressed cyberbullying in criminal statutes, as well as in school harassment and bullying laws. A person who engages in cyberbullying can face criminal charges and penalties, including fines and incarceration.

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