How Is Pennsylvania Addressing the Rise of Digital Sexual Harassment and Cyberbullying?

What Legal Actions Has Pennsylvania Taken Regarding Cyberbullying and Digital Sexual Harassment?

As adults and children are spending more time in online spaces, state legislatures have had to grapple with the realities of harmful incidents that occur digitally. Online stalking, bullying, harassment, and sexual abuse can be just as traumatizing and damaging as physical incidents. This type of harassment can cause immense harm to a victim’s mental health and potentially wide-ranging damage to their reputation. Unfortunately, it has historically been challenging for victims to hold cyber abusers accountable for their actions.

Recent changes in Pennsylvania law have addressed the rise of digital sexual harassment and cyberbullying through a combination of legal frameworks and educational programs. Cyberbullying and online harassment are now defined as crimes, and perpetrators can be held criminally and civilly responsible for their harmful acts. However, these cases can be complex, and it may be vital to seek the assistance of a Pennsylvania sexual abuse lawyer who can uphold your rights and help you seek justice for the harm you’ve suffered.

What is the Difference Between Cyberbullying and Digital Sexual Harassment?

Cyberbullying is a broader term that includes various forms of online harassment, threats, humiliation, and embarrassment.

The intent is often to harm or annoy the victim without necessarily having a sexual motivation. Cyberbullying can cause severe distress for victims, particularly children, whose social lives are heavily influenced by social media and other online platforms. Examples of cyberbullying may include, but are not limited to:

• Sending threats or cruel messages through email, text messages, or instant messaging apps.
• Sending embarrassing or humiliating information about someone through electronic devices or online messaging.
• Creating a fake profile or website to ridicule another.
• Impersonating an individual to send rude or inappropriate messages to others.
• Doxing an individual, which involves publicly and maliciously revealing their personal information or location.
• Posting rumors or hate speech.
• Sending computer viruses to others.

However, cyberbullying can turn into digital sexual harassment if the messages are of a sexual nature or intended to demean, threaten, or harm the victim based on their gender, sexuality, or sexual activity. Both forms of harassment can have severe psychological and social consequences for victims, including anxiety, depression, and difficulty functioning in school or social settings.

What Are the Potential Criminal Consequences of Cyber Harassment?

Pennsylvania has established laws to combat online harassment, including cyberbullying and cyberstalking. The state’s general harassment statute, 18 Pa.C.S. § 2709, criminalizes actions undertaken with the intent to annoy, alarm, or harass, such as:

• Communicating lewd, threatening, or obscene language or images.
• Making repeated communications at unusual hours.
• Engaging in repeated acts that serve no legitimate purpose.
• This statute also includes a provision specifically aimed at cyber harassment of children, which criminalizes electronic communication intended to harm a child. The penalties for cyberbullying in Pennsylvania vary depending on the specific circumstances of the case and the age of the perpetrator.

Cyber Harassment

Repeatedly contacting someone anonymously, at inconvenient hours, or in a threatening manner through digital means is a third-degree misdemeanor. This crime is punishable by up to 12 months in jail and a fine of up to $2,500. Additionally, the unlawful dissemination of intimate images is a crime. Sharing “revenge porn,” sexts, upskirt images, hidden camera videos, or other images of a nude adult without their consent is a second-degree misdemeanor, punishable by up to 2 years in prison and a $5,000 fine. Sharing these types of photos or videos of a minor is considered the distribution of child porn, which is a 1st-degree misdemeanor and could carry a maximum of five years in prison and a $10,000 fine.

Cyberbullying by Children

Many incidents of cyberbullying are perpetrated by minors against other minors. Repeatedly using electronic means to harass or alarm a child by making disparaging statements about their physical characteristics, sexuality, or mental health is a third-degree misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. Juveniles can face charges for cyberbullying, although convicted minors may be able to complete a diversionary program to expunge the conviction from their record.

Pennsylvania schools are required by law to have anti-bullying policies that include disciplinary measures for cyberbullying.

Parents must be notified whenever their child is accused of cyberbullying. Consequences for students can consist of loss of school privileges, suspension, or expulsion.

Can Perpetrators of Digital Sexual Harassment or Cyberbullying Be Held Liable in Civil Court?

While criminal charges and school discipline can punish cyberbullies, civil lawsuits allow victims to recover monetary compensation for the harm they’ve suffered. Victims or their families may be entitled to recover economic and non-economic damages from cyber bullies, including compensation for:

• Pain and suffering damages for the victim’s mental anguish.
• Reputation repair expenses, such as hiring a PR firm to restore the victim’s image.
• Therapy costs to treat emotional distress caused by the harassment.

If the cyberbullying involved spreading false and damaging statements about the victim, they may have grounds to sue for defamation. Victims may also be able to sue for intentional infliction of emotional distress if the cyberbullying was extreme, outrageous, and caused severe mental anguish. However, this is a high legal bar to meet. Consulting with a knowledgeable attorney is critical to building the strongest possible civil case.

How Can Our Law Firm Help You?

Digital sexual harassment and cyberbullying are significant issues that are treated seriously by Pennsylvania’s lawmakers and courts. At Andreozzi + Foote, we understand the devastating impact cyber harassment can have on a victim’s emotional and physical well-being. Our experienced legal team will fiercely advocate for your rights and help you explore your civil options for pursuing justice. Contact our firm online or at 866-311-8640 to schedule a free, confidential consultation.