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How Do Nebraska’s Sentencing Guidelines Address Cyberbullying Crimes?
Contents
- 1 Understanding Nebraska’s Cyberbullying Laws and Sentencing Guidelines
- 2 What Constitutes Cyberbullying Under Nebraska Law?
- 3 Potential Penalties for Cyberbullying in Nebraska
- 4 What To Do If You Are Accused of Cyberbullying
- 5 Cyberbullying and Vulnerable Populations
- 6 Preventing Cyberbullying: What Schools and Parents Can Do
Understanding Nebraska’s Cyberbullying Laws and Sentencing Guidelines
What Constitutes Cyberbullying Under Nebraska Law?
Under Nebraska Revised Statute 28-311.02, cyberbullying falls under the broader category of stalking and harassment offenses. The law defines harassment as engaging in a “knowing and willful course of conduct directed at a specific person which seriously terrifies, threatens, or intimidates the person and which serves no legitimate purpose.” This course of conduct can include behaviors like:
- Following, detaining, or restraining someone
- Stalking
- Telephoning, contacting, or otherwise communicating with the victim
When these harassing behaviors are carried out using electronic means, such as social media, email, text messages, etc., it is considered cyberbullying. The key elements are that the conduct is ongoing, purposeful, and causes the victim to feel frightened or threatened. It’s important to note that isolated incidents generally do not meet the definition of cyberbullying under Nebraska law. The harassing behavior must demonstrate a pattern or “course of conduct” to qualify. However, schools and law enforcement may still address single incidents to prevent escalation.
Potential Penalties for Cyberbullying in Nebraska
So what happens if you are convicted of a cyberbullying offense in Nebraska? The potential penalties depend on several factors, including the severity of the offense, the age of the perpetrator, and whether they have any prior convictions.In general, most cyberbullying offenses are classified as misdemeanors under Nebraska law. Here is a breakdown of the different misdemeanor classes and their maximum penalties:
- Class I misdemeanor
- Up to 1 year imprisonment and/or
- $1,000 fine
- Class II misdemeanor
- Up to 6 months imprisonment and/or
- $1,000 fine
- Class III misdemeanor
- Up to 3 months imprisonment and/or
- $500 fine
- Class IIIA misdemeanor
- Up to 7 days imprisonment and/or
- $500 fine
However, in some cases, cyberbullying may be charged as a felony offense. For example, an adult who cyberbullies a minor in a sexually explicit manner could potentially face felony charges related to child enticement or child pornography.
Nebraska’s felony classifications and their penalties are as follows:
- Class IV felony
- Up to 2 years imprisonment and 12 months post-release supervision and/or
- $10,000 fine
- Class IIIA felony
- Up to 3 years imprisonment and 18 months post-release supervision and/or
- $10,000 fine
- Class III felony
- Up to 4 years imprisonment and 2 years post-release supervision and/or
- $25,000 fine
- Class II felony
- 1-50 years imprisonment
- Class IC felony
- 5-50 years imprisonment mandatory minimum
So in serious cases, a cyberbullying conviction could potentially result in years behind bars. It’s not something to take lightly.In addition to criminal penalties, there are other ways cyberbullying is addressed under Nebraska law:
- School sanctions – Schools are empowered to discipline students for cyberbullying, up to and including suspension or expulsion in some cases.
- School policy requirements – Nebraska schools are required by law to have official policies in place to prevent and respond to cyberbullying.
- Civil lawsuits – Victims of cyberbullying may be able to sue the perpetrator and/or the school in some situations for monetary damages.
What To Do If You Are Accused of Cyberbullying
If you have been accused of cyberbullying, the first and most important step is to take the accusation seriously. Do not brush it off or assume it will just go away on its own. Even if the alleged behavior seems minor to you, it could lead to major consequences.Some key steps to take:
- Stop all contact with the alleged victim immediately. Do not send them any further messages, even to apologize or explain yourself. Continued contact will only make the situation worse.
- Preserve any evidence. Save copies of any messages, posts, or other communications related to the accusation. But do NOT delete anything, as that could be considered tampering with evidence.
- Avoid discussing the situation with others. Don’t talk about the accusation with friends, classmates, coworkers, etc. Anything you say could potentially be used against you.
- Contact an attorney. If you are facing or anticipate facing legal action, you need to consult with an experienced criminal defense attorney right away. They can advise you of your rights and help build your defense.
- Cooperate with school or employment investigations. If your school or workplace conducts its own investigation into the cyberbullying allegations, cooperate and follow their instructions. Refusing to participate will likely just make you look guilty.
- Get mental health support. Being accused of cyberbullying is stressful. Consider seeking counseling or therapy to help process your emotions in a healthy way.
Remember, an accusation does not equal guilt. You have the right to defend yourself against cyberbullying charges. But you need to respond quickly and strategically to protect your rights and reputation.
Cyberbullying and Vulnerable Populations
It’s worth noting that certain groups are disproportionately targeted by cyberbullying. For example, students with disabilities are often at higher risk of being cyberbullied. If a student with an Individualized Education Program (IEP) or 504 plan is being cyberbullied, the school has additional responsibilities under federal law. They must take prompt action to investigate the situation and implement measures to stop the bullying. Failure to do so could constitute disability discrimination. LGBTQ youth also face higher than average rates of cyberbullying due to their sexual orientation or gender identity. A 2019 survey by The Trevor Project found that over half of LGBTQ youth had experienced cyberbullying in the past year. Some states have added specific protections for LGBTQ students in their anti-bullying laws. While Nebraska’s law does not explicitly mention LGBTQ youth, schools should still treat anti-LGBTQ cyberbullying as a serious offense and work to create an inclusive environment for all students.
Preventing Cyberbullying: What Schools and Parents Can Do
Stopping cyberbullying is not just the responsibility of law enforcement. Schools and parents also play a critical role in preventing online harassment. Here are some proactive steps they can take:
Schools:
- Develop a clear, comprehensive policy on cyberbullying that is consistently enforced
- Train staff on how to identify and respond to cyberbullying
- Educate students about digital citizenship and online safety
- Foster a positive, inclusive school climate
- Provide resources and support for students who are being cyberbullied
Parents:
- Monitor your child’s online activities and set appropriate limits
- Teach your child how to respond to cyberbullying (not retaliate, save evidence, report it to an adult)
- Model respectful online behavior for your child
- Keep open lines of communication with your child
- Work collaboratively with the school if your child is being cyberbullied
By working together, we can create online and offline environments where all young people feel safe, respected, and supported.