Charges cyberbullies face include cyber harassment, harassment, stalking and terroristic threats.
Two recent cyber harassment cases in the Garden State have had many readers wondering what falls under the umbrella of cyberbullying.
In Sussex County, three middle school students were recently charged with cyber harassment after they allegedly posted a picture of Andover schools "along with alarming comments toward students."
Meanwhile, in Atlantic County, a woman was charged with stalking and cyber harassment for allegedly harassing a family she says adopted her grandson.
Here are five surprising things about the laws around cyberbullying:
1. The definition of cyber-harassment is very broad.
New Jersey's cyber-harassment statute defines the crime as making a communication online or through a social media site with the purposed to harass another and then threatens another in one of the following ways:
- Threatens to inflict injury or physical harm to any person or the property of any person;
- Knowingly sends, posts, comments, requests, suggests, or proposes any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to his person; or
- Threatens to commit any crime against the person or the person's property.
2. Intent is key
Cyber-harassment has two elements to the crime -- the action or conduct constituting harassment, known as the "actus reus," and the intent to harass the victim, or "mens rea."
Seton Hall law professor John "Kip" Cornwell said the "actus reus" covers a "wealth of conduct" under the statute, but "an individual is only guilty, however, if his or her conduct is undertaken with the intent to harass or to place a reasonable person in fear of physical or emotional harm."
According to Cornwell, "if person A sends a sexually provocative photo to person B in which person C is pictured, there is no liability if A was doing so merely because she thought the photo was funny and/or never expected word to get back to C."
"As such, it seems to insulate those who carelessly harm others, focusing instead on those who truly intend to cause harm," Cornwell said. "If that intent is present, on the other hand, the potential for liability is great, in light of the breadth of qualifying misconduct."
3. It can be difficult to determine when online speech becomes cyber-harassment
Sussex County First Assistant Prosecutor Gregory Mueller said most forms of speech and expression are protected by the First Amendment, but "there is a line where speech and expression are no longer protected and can be punished."
"Those limitations are set forth, in part, in our criminal statutes," Mueller said. "In short, when speech or expression causes or threatens harm to another, First Amendment protection may be lost and those communications can be punished."
He added: "With all of these statutes, it can be difficult at times to determine when a communication loses First Amendment protection and becomes actionable. Perhaps the best guide was provided by Justice Potter Stewart's colloquial expression in attempting to provide a definition for obscenity: 'I know it when I see it.'"
4. Cyberbullies can face charges other than cyber-harassment
Mueller said there are several other crimes authorities can charge individuals with besides cyber-harassment, including harassment, stalking and terroristic threats.
Cyber-harassment is a fourth-degree crime, but harassment is only a disorderly person offense punishable by up to 30 days in the county jail, Mueller said.
Terroristic threats and stalking, however, are third- and fourth-degree crimes, respectively. Stalking can become a third-degree crime, Mueller said, depending on the "aggravating circumstances."
According to Mueller, the crime of terroristic threats is a threat to kill another with the purpose to put that person in fear of imminent death, or a communication designed to terrorize another, while stalking occurs when a person intentional engages in a course of conduct that targets a person and would cause a reasonable person to fear for his or her safety.
5. Cyberbullying could result in hefty fines and jail time
Fourth-degree criminal offenses like cyber-harassment and stalking have a maximum penalty of up to 18 months in prison and a fine of up to $10,000.
A third-degree crime such as terroristic threats, however, carries a penalty of three to five years in prison and a fine of $15,000.
Justin Zaremba may be reached at jzaremba@njadvancemedia.com. Follow him on Twitter @JustinZarembaNJ. Find NJ.com on Facebook.