Michigan Cyberbullying Law

Michigan recently enacted a law that made cyberbullying a criminal offense. Per Michigan statute, cyberbullying is defined as posting a message in a public media forum about any other person (i) that is intended to place another person in fear of bodily harm or death and expresses an intent to commit violence against the person and (ii) the message is posted with the intent to communicate a threat or with knowledge that it will be viewed as a threat. A public media forum means the internet or any other medium designed to be used to convey information to other individuals.

Punishment for Michigan Cyberbullying

• First offense cyberbullying is a misdemeanor criminal charge that is punishable by up to 93 days in jail and a fine of up to $500.00.

• A second (or subsequent) conviction for cyberbullying can result in a misdemeanor charge that carries a sentence of up to one year in jail and a fine of up to $1,000.00.

• A person who is alleged to have engaged in cyberbullying in a manner that involves a continued pattern of harassing or intimidating behavior that causes serious injury to the victim can be charged with cyberbullying causing serious injury. Cyberbullying causing serious injury is a felony punishable by imprisonment for up to 5 years and a fine of up to $5,000.00.  ‘Serious injury’ means permanent, serious disfigurement, serious impairment of health, or serious impairment of a bodily function of a person.

• Cyberbullying causing death is charged when a person allegedly cyberbullies another person in a manner that involves a continued pattern of harassing or intimidating behavior that causes the death of the victim. This charge is a felony punishable by imprisonment for up to 10 years and a fine of up to $10,000.00.

For purposes of cyberbullying charges, ‘pattern of harassing or intimidating behavior" means a series of 2 or more separate noncontinuous acts of harassing or intimidating behavior.

Michigan Cyberbullying Lawyer

Cyberbullying laws came into effect as a result of the rise of social media platforms such as Facebook, Twitter, Snapchat and Instagram. People don’t always use the best judgment when posting messages online -when the messages rise to the level that they could be interpreted as threatening, it can lead to criminal charges. With that said, cyberbullying is a new law and one that has ambiguous definitions which can lead to overzealous prosecution. “Harassing or intimidating behavior” is certainly subject to a wide range of interpretations.

One person’s version of a joke, may be interpreted by another as a threat. One person’s version of persistence, can be viewed by another as a pattern of harassment. Distinguishing between permissible, lawful free speech and illegal cyberbullying can mean the difference between a conviction and an acquittal.

 Juvenile Cyberbullying Defense

One of the more troubling aspects of cyberbullying is the impact these laws can have on a juvenile accused of cyberbullying. The legislature’s intent in enacting the cyberbullying law was to protect people, particularly young people, from the impact of online threats and harassment. While this is an admirable goal, it can lead to conflating juvenile behavior with criminal activity. Young people left to their own devices (literally and figuratively) don’t always think through the potential meaning of what they are saying when posting comments online.

If you or your son or daughter are under investigation or have been charged with cyberbullying, you want a criminal defense team that you can trust - lawyers that you know will always fight to protect your rights, reputation and freedom. The criminal defense attorneys at Jeffrey Buehner, PLLC are experienced Michigan trial attorneys with over twenty-three years of courtroom experience who know what it takes to fight and win. If you are looking for the best criminal lawyers to handle your defense, call Jeffrey Buehner, PLLC at (248) 865-9640.