The Cyberbullying Research Center found in a nationwide survey conducted in 2019 that 36.5% of 12 to 17-year-olds had been cyberbullied before. 17.4% of the teenagers surveyed said they had been cyberbullied in the last 30 days.

Cyberbullying is unwanted and repeated aggressive behavior that’s intended to abuse or manipulate another person and is conducted through technological devices such as cell phones, laptops, desktop computers, or tablets. With the nearly unlimited number of ways we can communicate with each other in today’s world, cyberbullying can infiltrate every aspect of the victim’s life. In Arizona, this type of emotional abuse can sometimes rise to the level of a criminal offense.

What Is Cyberbullying?

Cyberbullying can simply be defined as bullying where the perpetrator uses electronic technology to carry out his or her abuse. Cyberbullying most commonly occurs on social media, in online forums and message boards such as Reddit, online gaming communities, and through text messaging, messaging apps, instant messaging, and email. The following are some examples of the many ways cyberbullying can occur:

• Posting insulting or disparaging comments about someone on social media.
• Harassing or stalking someone online.
• Sending threatening, cruel, or obscene messages or pictures via text or email.
• Spreading untrue rumors about a victim on Facebook.
• Sharing a victim’s private information online to shame or humiliate them.
• Hacking into someone’s account to send damaging or embarrassing messages.

Another form of cyberbullying is known as “catfishing”. This is when someone assumes another person’s identity or a made-up identity online and then initiates a fake romantic relationship with a victim to hurt or embarrass them.

When is Cyberbullying a Crime?

While not all cyberbullying is severe enough to constitute a crime in Arizona, some instances of cyberbullying can be prosecuted under the criminal statutes for harassment, aggravated harassment, and threatening or intimidating.

Prosecuting Cyberbullying as Harassment in Arizona

According to Arizona law, for cyberbullying to be classified as harassment, it must meet four requirements:

1. The cyberbully must intend to harass the victim or have knowledge that they are harassing the victim.
2. The cyberbullying must be directed at a specific person.
3. The cyberbullying must be of a nature that would cause a reasonable person to be seriously alarmed, annoyed, or harassed.
4. The cyberbullying must actually succeed in seriously alarming, annoying, or harassing the victim. (Ariz. Rev. Stat. § 13-2921)

The cyberbullying tactics must also fit into one of the following categories:

1. Contacting or communicating with the victim in a harassing manner by verbal, electronic, mechanical, telegraphic, telephonic, or written means.
2. Repeatedly committing actions that harass the victim.
3. Surveilling or having another person surveil a victim for no legitimate purpose.

Most frequently, cyberbullying falls into one of the first two categories, but a cyberbully could easily use cell phones and other technological devices to surveil a victim in a harassing way.

In Arizona, harassment is a class 1 misdemeanor, which is punishable by up to six months’ imprisonment (Ariz. Rev. Stat. § 13-707) and a fine of up to $2,500. (Ariz. Rev. Stat. § 13-802).

Prosecuting Cyberbullying as Aggravated Harassment in Arizona

Harassment, as described in the section above, can be charged as aggravated harassment if

1. A court has issued an order of protection or an injunction against the harasser and in favor of the victim, and the order or injunction has been served and is still valid.
2. The harasser has previously been convicted of a domestic violence offense against the victim. (Ariz. Rev. Stat. § 13-2921.01)

Cyberbullying could fall into either of these categories. Note that for harassing behavior to be charged as aggravated harassment, the victim in the previous offense must be the same victim as the current harassment. So, if someone was previously convicted of a domestic violence offense, they would only be charged with aggravated harassment if the current harassing behavior was directed at the same victim as the domestic violence offense.

A first-time aggravated harassment charge against someone who violated an order of protection or injunction is a class 6 felony. In Arizona, class 6 felonies are punishable by sentences ranging from 4 months to 2 years (Ariz. Rev. Stat. § 13-702), and a maximum fine of $150,000. (Ariz. Rev. Stat. § 13-801)

Second-time offenders of this type and everyone indicted for aggravated harassment due to a prior domestic violence conviction can be charged with a class 5 felony. The maximum fine remains at $150,000, but the possible sentence range increases to a minimum of 6 months and a maximum sentence of 2.5 years. (Ariz. Rev. Stat. Ann. § § 13-702, 13-801.)

Prosecuting Cyberbullying as Threatening or Intimidating in Arizona

Severe incidents of cyberbullying can also be prosecuted as the offense of threatening or intimidating in Arizona. The threatening or intimidating statute covers cyberbullying where the perpetrator threatens or intimidates through actions or words to:

1. Cause physical injury to the victim or serious damage to the victim’s property.
2. Cause or recklessly disregard serious public inconvenience including, but not limited to, evacuation of a building, place of assembly, or transportation facility.
3. Cause physical injury to the victim or damage to the victim’s property to further the interests of gangs and other criminal enterprises. (Ariz. Rev. Stat. Ann. § 13-1202)

Cyberbullying that fits into either of the first two categories of threatening or intimidating is a class 1 misdemeanor unless the cyberbullying was retaliation for reporting a crime, in which case the bully can be charged with a class 6 felony. If cyberbullying falls into the third category of threatening or intimidating, the offender can be charged with a class 3 felony.

As discussed in the harassment sections above, a class 1 misdemeanor is punishable by up to six months’ imprisonment and a fine of up to $2,500, whereas class 6 felony possible sentences range from 6 months to 2.5 years, with a maximum fine of $150,000. If a cyberbully is charged with a class 3 felony for threatening or intimidating, sentences for a first-time offender range from 2 years to 8.75 years, with a maximum fine of $150,000.

Violation of School Bullying Policies

Arizona law also requires school districts to enact and enforce certain policies and procedures to try to stop bullying, intimidation, and harassment in schools. These policies must include specific policy and procedural elements, such as:

• Definitions of harassment, intimidation, and bullying
• Procedures for reporting harassment, intimidation, and bullying
• Procedures for investigating harassment, intimidation, and bullying
• Procedures for notifying the victim and the victim’s parent or guardian when a school official or employee becomes aware of a suspected incident of harassment, intimidation, or bullying
• Procedures to protect the health and safety of victims who are physically injured by harassment, intimidation, or bullying.
• Requirements to provide victims with written information regarding their rights, as well as information on protection and support services available to victims.
• Statements of disciplinary consequences for violations of the policy.

With these requirements in place, a cyberbully may not only face criminal charges but could also receive disciplinary consequences for violating school anti-bullying policies.