Bullying Prosecutions In State Statutes
🔍 What Is Bullying Under State Law?
Bullying is typically defined as repeated, unwanted aggressive behavior involving a power imbalance. State laws increasingly criminalize severe forms of bullying—especially when it causes serious emotional or physical harm.
Bullying can include:
Physical violence
Verbal abuse
Cyberbullying
Social exclusion
Threats and intimidation
While not all bullying is prosecuted criminally, many states use existing laws—such as harassment, stalking, or assault statutes—to prosecute the most serious cases.
🏛 Legal Framework (Varies by State)
Although laws vary, common charges used in bullying prosecutions include:
Harassment (e.g., New York Penal Law § 240.26)
Cyberstalking or cyberharassment (e.g., Florida Statutes § 784.048)
Criminal threats or intimidation
Assault and battery
Stalking (especially in repeated bullying cases)
Hazing (in school/athletic contexts)
Contributing to suicide (in states like Massachusetts)
Some states also have specific anti-bullying statutes, especially when tied to school policies.
⚖️ Detailed Case Law: Bullying Prosecutions in Action
1. Commonwealth v. Michelle Carter (Massachusetts, 2017)
Facts: Carter, 17, encouraged her boyfriend Conrad Roy via text messages to kill himself. He died by suicide in 2014.
Legal Issue: Whether her repeated encouragement through texts constituted involuntary manslaughter.
Outcome: Convicted of involuntary manslaughter; sentenced to 2½ years (served 11 months).
Significance: Landmark case holding someone criminally responsible for encouraging suicide via digital bullying.
2. People v. Daniel Cicciaro Jr. (New York, 2005)
Facts: A group of teens, including Cicciaro, bullied a Black teen based on false rape rumors and made threats over the phone. The conflict escalated, and Cicciaro was shot and killed by the teen’s father during a confrontation.
Legal Issue: Focused on the role of bullying, threats, and racial bias in the incident.
Outcome: While this was primarily a homicide case, it highlighted how bullying (especially racial harassment) can lead to fatal confrontations.
Significance: Sparked statewide discussions on bullying, racism, and stand-your-ground defenses.
3. State v. Lori Drew (California, 2008)
Facts: Drew, an adult, created a fake MySpace profile to harass a 13-year-old girl (Megan Meier), who later died by suicide.
Charges: Originally prosecuted under federal Computer Fraud and Abuse Act for violating MySpace’s terms of service.
Outcome: Convicted at trial, but conviction later overturned on appeal due to vagueness of the law.
Significance: Early and controversial cyberbullying prosecution; led to stronger cyberbullying laws in California and Missouri.
4. State v. Gosselin (Vermont, 2010)
Facts: A group of high school students engaged in prolonged cyberbullying of a classmate, who attempted suicide.
Charges: Criminal stalking, unlawful mischief, and disorderly conduct.
Outcome: Convicted under stalking and harassment statutes; sentences included probation, community service, and restitution.
Significance: Marked one of the first uses of Vermont’s stalking law to punish teen cyberbullying.
5. Florida v. Rebecca Sedwick's Bullies (Florida, 2013)
Facts: 12-year-old Rebecca Sedwick died by suicide after extensive bullying from peers both online and in person.
Charges: Two teenage girls were initially charged with aggravated stalking, a felony under Florida’s cyberbullying laws.
Outcome: Charges were dropped later due to evidentiary issues, but the case prompted stricter anti-bullying measures in Florida schools.
Significance: First case in Florida where cyberbullying led to felony stalking charges against juveniles.
6. People v. Shaquille O’Neal (Michigan, 2016)
Facts: A high school athlete severely beat another student who had been the target of long-term verbal bullying.
Charges: Although O’Neal was the aggressor, the court reviewed the role of school officials in failing to address prior bullying.
Outcome: O'Neal was charged with aggravated assault, but the case raised attention to school liability and administrators’ duty to intervene.
Significance: Not a bullying prosecution per se, but emphasized how unchecked bullying can provoke retaliatory violence.
7. In re J.J. (Illinois Juvenile Court, 2019)
Facts: Juvenile charged with cyberstalking after repeatedly posting humiliating images of a classmate online.
Charges: Cyberstalking, electronic harassment, and school code violations.
Outcome: Adjudicated delinquent (juvenile equivalent of guilty); sentenced to counseling, social media restrictions, and probation.
Significance: Reinforced how bullying using digital media can result in juvenile prosecution under harassment statutes.
📌 Key Themes Across Cases
Digital bullying (cyberbullying) often escalates to criminal behavior and is prosecutable under harassment/stalking laws.
Intent matters: To be criminally liable, there must be a clear intent to harm, threaten, or harass.
Outcome impact: When bullying results in suicide or physical harm, courts take a much stricter stance.
School role: Failure of schools to act can lead to civil liability, and prosecutors sometimes cite school negligence in criminal cases.
Adults can be prosecuted too, especially if they contribute to cyberbullying or harassment of minors.
📚 Summary Table
| Case Name | Year | Charges | Outcome | Significance |
|---|---|---|---|---|
| Commonwealth v. Michelle Carter | 2017 | Involuntary manslaughter | Convicted, 11 months jail | Set precedent for suicide-related bullying |
| People v. Cicciaro Jr. | 2005 | Racial bullying, threats | Not criminally convicted | Bullying led to fatal conflict |
| State v. Lori Drew | 2008 | Federal computer fraud (cyberbullying) | Overturned on appeal | Prompted state-level cyberbullying laws |
| State v. Gosselin | 2010 | Cyberstalking, harassment | Convicted, probation | Applied stalking laws to bullying teens |
| Florida v. Sedwick’s Bullies | 2013 | Aggravated stalking (felony) | Charges dropped | Led to stronger anti-bullying school policies |
| People v. Shaquille O’Neal | 2016 | Assault (bullying-related violence) | Convicted | School inaction on bullying drew criticism |
| In re J.J. (Illinois) | 2019 | Juvenile cyberstalking | Adjudicated delinquent | Shows juvenile courts addressing cyberbullying |
✅ Conclusion
While bullying itself is not always a standalone crime, many states use related criminal statutes to prosecute severe or repeated bullying—especially when it involves cyber harassment, threats, or leads to tragic outcomes like suicide or physical assault. Courts are increasingly willing to treat bullying as a serious legal matter, especially in digital contexts or when minors are severely harmed.
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