Cyberbullying exists everywhere including Utah. About 45% of Utah children have reported that they’ve been cyberbullied. Fortunately, Utah has several laws in place to keep people safe from these kinds of attacks.
Under Utah law, cyberbullying (written as cyber-bullying in Utah code) is when you use any kind of electronic communication to text or post information that could be embarrassing or threatening to someone else. This can be through written word, image, or even video.
An example of this would be if someone in your daughter’s friend group posted an Instagram image that made fun of the way she dressed. This kind of action can be even more harmful than face-to-face bullying because if that was the only threat, at least your daughter would be safe at home. With cyberbullying, she can still see all the mean comments that her classmates might make on Instagram no matter where she is.
There is no law in Utah that addresses “cyberbullying” by name among adults. However, certain actions that constitute cyberbullying can land you in legal trouble. Here are some examples:
Electronic communication harassment is a law in Utah that prohibits you from doing a variety of actions using means of electronic communication:
These actions are a class B misdemeanor, which can mean up to six months in jail and up to $1,000 in fines.
You can get charged with this crime no matter how you contact the person. You can text, send a direct message through a social media app, or even make a post. If they can receive the message, you are committing this crime.
In Utah, it’s illegal to disclose personal identifying information of someone else to a third party with the intention that the recipients will then spread it around, thus causing harm to the person.
The state’s definition of identifying information is information that is not lawfully available to the public. It includes things like social security number, driver’s license number, and bank account number. It does not include something like a home address.
An example of this law in action would be if you found the routing and account numbers of someone you didn’t like. You gave the information to your friend, who in turn distributed it to other people. The reason you did this was because you wanted to really hurt the person.
It is a class B misdemeanor if the victim is an adult. However, if you’re an adult and the victim is a minor, it’s a class A misdemeanor. This means up to 364 days in jail with fines of up to $2,500.
Although cyberbullying happens in Utah, there is a reason that it is seen as the safest state in the nation when it comes to children’s online safety. It is the first state to enact a law that requires social media to take steps to protect minors’ private information.
Under this law, the companies have to create an age assurance system to verify whether the account holder is a minor. Based on that, they are required to create default settings for minors that keep their private information safe. Under these settings, minors can only share their content with their personal connections, and their data cannot be collected and shared. The settings are also supposed to disable features that are designed to prolong user engagement like autoplay and push notifications.
The law also forced social media companies to offer supervisory tools, which allows an adult to set reasonable limits and monitor their children’s social media activity.
If you’re charged with a crime that’s adjacent to cyberbullying, you’ll want to hire a defense attorney who can guide you through the legal process. Even if you’re completely innocent, saying the wrong thing or making the wrong moves can set you back and lead to you getting a more severe punishment than you deserve.
You’ll want someone with a lot of experience, who has already learned what they need to know to help you out. That is what you’ll find with the attorneys at Brown, Bradshaw & Moffat. They have decades of experience, and they’d love to help you out. Tell us about your case to get started.
If your child is facing potential consequences from the school system for cyberbullying, it can still be a good idea to hire a lawyer. School districts are required to give your child due process, and a lawyer can help them get the best outcome possible.
The attorneys at Brown, Bradshaw & Moffat are well-versed in policies from the Salt Lake City School District, Murray School District, Granite School District, Jordan School District, and Canyons School District. If your child is facing consequences for cyberbullying in one of those jurisdictions, tell us about your case, and we’ll reach out with more information.
