What Happens When You Are Charged With Cyberbullying in Texas?

 Posted on January 28, 2025 in Internet Crimes

As more aspects of daily life continue to move into the digital space, states like Texas have begun adopting legal measures to address various ways it has impacted people. One prominent example is cyberbullying. The term itself can cover so many different actions that it can be hard to understand what is and is not included by its legal definition, however, if your actions fall under the cyberbullying legal umbrella, you could face criminal charges. If you or your child is charged with cyberbullying, speak with a skilled Texas criminal defense lawyer to understand the implications and your options. 

What Is Considered Cyberbullying?

The term cyberbullying refers to an imbalance of power when someone does something to someone else using technology – texting, emailing, or on social media, for example – to:

• Harm the other person

• Make the other person fear they will be harmed

• Create an intimidating, threatening, or abusive environment

In some cases, cyberbullying can be considered a violation of Texas law against criminal harassment. If the prosecution demonstrates that you sent repeated digital messages to the alleged victim or posted content online about him or her to harass, annoy, alarm, abuse, torment, offend, or embarrass him or her, you could be charged with a misdemeanor.

What Does an Anti-Cyberbullying Injunction Do?

In Texas, if someone believes you are cyberbullying them, they can fill out a Sworn Application and Petition to Stop Cyberbullying. If they convince the judge that cyberbullying happened, you could be issued a temporary restraining order or an injunction that will order the alleged cyberbully to stop bullying; order the alleged cyberbully’s parents or guardians to take reasonable action to put a stop to it; and order everyone involved to save all digital correspondence and the devices that were used for it. 

If an injunction is filed against you, you will be notified and given a court date. The injunction will also state clearly what will happen if you violate it. You could be held in contempt of court, which might result in jail time and fines.

What are the Legal Consequences for Alleged Cyberbullying?

If you are charged with cyberbullying, you could face serious consequences. The severity depends on the specific nature of what you are accused of, although cyberbullying is generally treated as a Class B misdemeanor, which carries penalties of up to 180 days in jail and up to $2,000 in fines. However, if this is not your first time facing charges, the same action could be treated as a Class A misdemeanor, which can be penalized with up to a year in jail and fines of up to $4,000.

The charges can vary if there are other factors involved. If you are accused of online impersonation, it could be a state jail felony. If the allegations involve sexual harassment or revenge porn, you could be charged with a third-degree felony, with far more serious penalties.

While you and your family might try to shrug the allegations off as a misunderstanding when someone was just joking around, the consequences are significant. You need to take it seriously and work with an experienced criminal defense lawyer if you want a favorable outcome for your case.

Contact a San Antonio, TX Cyberbullying Defense Lawyer

If you or your child are facing cyberbullying charges, you need to speak with a qualified San Antonio, TX criminal defense attorney who understands the implications and will advocate aggressively on your behalf. At Law Offices of Sam H. Lock, we are dedicated to protecting our clients’ rights and we will not stop fighting to protect you as you navigate the criminal justice system. Call 210-226-0965 to schedule a private consultation.