Blair Criminal Defense Lawyers | August 16, 2025 | Criminal Law \ State Law
Cyberbullying—using texts, social media, or other digital tools to harass or intimidate—has become common in California. While some online comments may be rude but protected as free speech, others cross into threats, stalking, or invasion of privacy and can result in criminal charges.
In San Diego, both schools and law enforcement take cyberbullying seriously. State law requires schools to act when online behavior disrupts a student’s safety, and criminal statutes allow prosecution when harassment causes real harm.
Knowing where speech ends and crime begins is crucial for parents, students, and educators.
Cyberbullying in California Schools
California law defines cyberbullying as the use of electronic communication to harass, threaten, or intimidate someone. This can include sending hurtful messages, spreading rumors, sharing private information, or impersonating someone online.
Under California Education Code § 48900(r), schools must take disciplinary action when cyberbullying affects students’ ability to feel safe at school—even if the bullying happens off-campus.
When Cyberbullying Can Lead to Criminal Charges
Outside of the school setting, cyberbullying can lead to criminal charges when it violates state laws, such as:
- Penal Code § 653.2: Posting harmful information online to incite harassment (also known as “indirect electronic harassment” or “cyberstalking”).
- Penal Code § 422: Making criminal threats.
- Penal Code § 647(j)(4): Distributing revenge porn.
- Penal Code § 646.9: Engaging in stalking.
Together, these statutes create a legal framework that allows for prosecution when online behavior causes real-world harm or fear.
Penalties for Cyberbullying
Criminal cyberbullying charges in California can be either misdemeanors or felonies, depending on the nature and severity of the behavior.
Some potential penalties defendants can face include:
- Fines of up to $1,000 (or more in felony cases)
- Jail time, which can range from a few days to several years
- Restraining orders that prohibit contact with the victim
- Mandatory counseling or probation
- A permanent criminal record, which can affect future educational and job opportunities
A juvenile court may handle the case if the cyberbullying involves a minor. However, serious or repeated offenses can lead to harsher penalties even for teens.
Common Forms of Cyberbullying
Cyberbullying isn’t limited to name-calling. In San Diego, law enforcement may investigate incidents that involve:
- Threatening texts, emails, or DMs
- Harassment through social media posts or comments
- Creating fake profiles to impersonate or embarrass someone
- Posting explicit photos without consent (revenge porn)
- “Doxxing”: Sharing someone’s personal info (like address or phone number) to encourage others to harass them
- Repeated messages intended to cause fear or emotional distress
Even if the messages don’t include direct threats, persistent, unwanted communication can be enough to support a criminal charge under California law.
Defenses To Cyberbullying
Not all online communication that upsets someone is criminal. A strong defense may focus on:
- Freedom of speech: California law protects a wide range of expression, including offensive opinions—unless they involve credible threats or targeted harassment.
- Lack of intent: The prosecution must prove that the accused intended to cause fear, distress, or harm.
- False accusations: Sometimes, people make false or exaggerated cyberbullying claims during disputes.
- Mistaken identity: In cases involving anonymous accounts, proving who sent the messages may be difficult.
An experienced criminal defense lawyer can assess the strength of the evidence, challenge illegal search practices, and, when appropriate, argue for dismissed or reduced charges.
A Criminal Defense Lawyer Can Help
If you or your child is being investigated for cyberbullying in San Diego, California, it’s essential to act quickly. A criminal conviction can carry steep penalties—including fines, jail time, and a permanent record that may affect future schooling or employment.
A skilled criminal defense lawyer can protect your rights, identify weaknesses in the prosecution’s case, and work to reduce or dismiss the charges whenever possible. They can also advocate for diversion programs or other alternatives to incarceration in appropriate cases.For help, contact Blair Defense Criminal Lawyers today to schedule a free consultation with a San Diego criminal defense attorney.
Contact a San Diego Criminal Defense Lawyer at Blair Defense Criminal Lawyers Today For Help
For more information, please contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation. Give us a call at (619) 357-4977, or visit our convenient location:
Blair Defense Criminal Lawyers San Diego
225 Broadway Suite 1740
San Diego, CA 92101
(619) 357-4977
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