Cyberbullying – Crime Laws In Texas

by | Dec 9, 2022 | Criminal Defense

Midlothian, United States – /McCarty-Larson, PLLC/

Bullying is something that is dreaded and, unfortunately, more common than desired. Especially among adolescents and youth who are students, this is a serious problem. With the shift to a more active life on social media than in the actual world, bullying also moved to electronic media. With the ease, the comfort of not being in direct contact, and the option to make anonymous statements, bullying online can be extremely vicious.


Cyberbullying is the use of the internet or an electronic device to bully, threaten, harass, or intimidate another individual. Some examples of cyberbullying include taking and circulating photos or videos that may be embarrassing without permission, creating a fake profile and assuming the identity of another, and using social media to spread rumors about someone. In this article, McCarty-Larson, PLLC, shares some information on cyberbullying in this article.

Texas is one of the states that have laws against cyberbullying. The Texas Education Code included cyberbullying but did not make it a crime. David’s Law which came into effect in 2017, was named in honor of a Texas high-schooler, David, who was a victim of cyberbullying. He committed suicide. David’s Law made cyberbullying a crime. It also gave schools the authority to address cyberbullying incidents that are not on school property, provided that it interfered with students’ education or disrupted classroom or school discipline and school-related activities.

Penalties for Cyberbullying in Texas

Cyberbullying is considered a serious offense as it is very emotionally disturbing and can cause severe harm and even death to its victims.

School policies determine what measures are taken against perpetrators of cyberbullying. Students can face suspension or expulsion from school. There may be other punishments like restrictions on participation in some activities at school.

Individuals facing criminal charges of cyberbullying can be imprisoned or fined. It is better to consult a criminal defense lawyer when facing such charges. Cyberbullying may be a Class B misdemeanor that can attract up to 180 days in jail and a fine that does not exceed $2,000. It becomes a Class A misdemeanor under certain conditions. These conditions include a previous conviction for cyberbullying, the victim being 18 years old, and the defendant targeting the victim to commit suicide or harm themselves. The punishment for a Class A misdemeanor is up to a year in jail and a fine not exceeding $4,000.

There are other criminal charges in addition to cyberbullying that are related and take place on the internet. Harassment charges can be faced when a person intentionally makes an obscene communication, threatens, gives a false account about someone, or calls or messages someone to harass, annoy, alarm, embarrass, or torment another. Online impersonation is a crime committed when someone acts like another person with the intention of harming, defrauding, or intimidating the person. Creation of website pages or sending messages to others, posing as the victim, are part of online impersonation.

Criminal Defense For Cyberbullying

When facing an accusation of cyberbullying, it is vital to get in touch with a reliable criminal defense attorney. The criminal defense can be built based on circumstances like the right to free speech, unreasonable perception of a threat, and mistaken identity.


When facing cyberbullying, it is safe to contact a local criminal defense lawyer. McCarty-Larson, PLLC is a law firm that offers criminal defense in Midlothian, TX. Criminal defense attorney Robin McCarty has over 20 years of experience, including being a former prosecutor and police officer. This experience ensures he has insight that helps plan a strategic plan for criminal defense. To get reliable legal services and be informed of rights and legal options, persons needing criminal defense in Midlothian, TX, can call McCarty-Larson, PLLC at (972) 775-2100.