Cyberstalking and Harassment Charges in Georgia

Cyberstalking and Harassment Charges in Georgia

With the rise of social media and technology, cyberstalking and harassment have become big problems, especially among teenagers. While bullying has always been an issue, cyberbullying can be even more dangerous and scary. Many folks don’t realize that repeatedly bullying or harassing someone online can actually be a crime in Georgia.

This article will discuss the laws in Georgia that prohibit and punish cyberstalking and cyberbullying. It will also talk about some of the consequences and defenses. The goal is to spread awareness and help people stay safe online.

Georgia’s Harassing Communications Law

Georgia has a law that makes it illegal to harass or intimidate someone using electronic communications like email, texts, social media, etc. This includes:

• Repeatedly contacting someone in order to harass, threaten, or intimidate them or their family
• Threatening to physically harm someone
• Calling someone and refusing to hang up
• Knowingly letting someone else use your device or account for any of the above

These acts are considered misdemeanors in Georgia. If convicted, a person can face up to a year in jail or a $1,000 fine. The law applies to both adults and minors.

Some examples of cyberbullying that could violate this law are repeatedly sending someone threatening messages, posting embarrassing photos of them online, creating fake social media accounts to harass them, doxxing them, swatting them, zoombombing them, etc. Basically anything done online to repeatedly harass, threaten or intimidate someone could qualify.

This law shows that cyberbullying is more than just inappropriate behavior – it can actually be a crime in Georgia. People need to be careful about how they treat others online.

Georgia’s Cyberstalking Law

Georgia also has laws prohibiting cyberstalking. This occurs when someone uses electronic devices like a computer, phone, GPS, etc. to stalk or harass another person. The behavior has to be repeated and place the victim in reasonable fear for their or their family’s safety.

Some examples of cyberstalking could include:

• Repeatedly sending the victim unwanted threatening messages
• Tracking their location or activities through their phone or social media
• Hacking into their email, social media, or other accounts
• Creating fake accounts pretending to be them
• Spreading lies or doctored images to damage their reputation
• Sending explicit images of them to others without consent

Like harassment, first-time cyberstalking is a misdemeanor in Georgia punishable by up to a year in jail. But repeat offenses become felonies with longer prison sentences. Cyberstalking convictions can also lead to restraining orders, psychological evaluations, and more penalties.

Defenses

There are a few defenses that can sometimes work against cyberbullying or cyberstalking charges:

• Free speech – If the speech was protected under the First Amendment and didn’t directly threaten violence, this defense may apply.
• Unauthorized use – If someone else accessed your account without your knowledge or permission and used it to harass or stalk the victim.
• Unreasonable reaction – If the victim’s fear or distress would be considered unreasonable under the circumstances.
• No intent – If there’s proof the harassment was unintentional or accidental.

An experienced criminal defense lawyer can help evaluate whether any of these defenses might work in a specific case.

Juveniles

Georgia’s cyberbullying and cyberstalking laws apply to both juveniles and adults. But juveniles are treated differently:

• Defendants age 17-19 are prosecuted as adults.
• Defendants age 16 and under are usually sent to juvenile court.

In juvenile court, penalties focus more on counseling and rehabilitation rather than jail time. But serious or repeat offenses can still lead to adult charges.

School Policy

Georgia schools are also authorized to take disciplinary action against students who cyberbully or harass others online. Possible punishments include:

• Detention or suspension
• Reassignment to another school
• Loss of privileges like sports, clubs, or events
• Counseling or education programs

Schools have to balance disciplining bullies with students’ free speech rights. But speech that causes substantial disruption at school or invades others’ rights is not protected. Schools can and should take action when cyberbullying affects the learning environment.

Civil Lawsuits

Victims who suffer serious harm from cyberbullying or stalking can also pursue civil lawsuits for damages. Possible claims could include:

• Defamation – If lies or false statements were published causing damage to reputation.
• Intentional infliction of emotional distress
• Invasion of privacy – Public disclosure of private facts, intrusion on seclusion, etc.
• Harassment, intimidation, or threatening behavior

If successful, these lawsuits can result in monetary damages. Georgia also allows plaintiffs to seek protective orders and recover attorney’s fees.

Conclusion

Cyberbullying and cyberstalking are serious problems with real legal consequences in Georgia. Repeated online harassment and intimidation can result in criminal charges, school discipline, and civil liability. While bullying will likely always exist, laws like Georgia’s send a message it won’t be tolerated. People need to think carefully about their online behavior toward others.

Have you been affected by cyberbullying or harassment? Consult an attorney or school administrator to understand your rights and options. With awareness and action, we can work to create a safer, kinder online space for everyone.