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Cyberbullying is a very serious topic that can have extremely negative consequences for children and adults. If you are being cyberbullied, it is crucial to report the conduct to the appropriate authorities. Schools in Wisconsin are required to have policies in place regarding bullying and cyberbullying.  

If you feel you are being bullied, it is best to let a teacher or administrator know, and they can help you understand the process your school has in place to address the situation. Cyberbullying can also be a crime in Wisconsin, whether you are a child or an adult. This article will discuss what Cyberbullying is and how you can address it.    

Cyberbullying  

Digital communication has grown rapidly and is now so widespread it is hard to imagine our lives without it. Social media, messaging apps, online forums, email, and even gaming communities provide avenues for bullying that did not exist in the past.    

With access to the internet, bullying is no longer regulated by a local community or schoolmates. Cyberbullying can come from anywhere in the world and is a global problem.    

The definition of Cyberbullying can vary, but UNICEF or the United Nations International Children’s Emergency Fund offers a definition.  

Cyberbullying is a very serious topic that can have extremely negative consequences for children and adults. If you are being cyberbullied, it is crucial to report the conduct to the appropriate authorities. Schools in Wisconsin are required to have policies in place regarding bullying and cyberbullying.  

If you feel you are being bullied, it is best to let a teacher or administrator know, and they can help you understand the process your school has in place to address the situation. Cyberbullying can also be a crime in Wisconsin, whether you are a child or an adult. This article will discuss what Cyberbullying is and how you can address it.  

They define cyberbullying as:  

  • Spreading lies about or posting embarrassing photos or videos of someone on social media.  
  • Sending hurtful, abusive, or threatening messages, images, or videos via messaging platforms.  
  • Impersonating someone and sending mean messages to others on their behalf or through fake accounts.  

UNICEF also has guidelines on what to look for if you think you or someone you know is being cyberbullied. Some of the symptoms or things to look out for are:  

  • Feeling ashamed  
  • Nervous  
  • Anxious  
  • Insecure about what is being said about you  
  • Withdrawing from friends or family  
  • Negative thoughts  
  • Thoughts of guilt about things you did not do  
  • Thoughts that you are being judged negatively.  

Prevent Cyberbullying in Wisconsin  

The Wisconsin Department of Public Instruction Cyberbullying | Wisconsin Department of Public Instruction has put out various guidelines to assist with Cyberbullying in Wisconsin.    

Two of the main tips that can help prevent cyberbullying are:  

  • To know what your kids are doing online. Know the sites they visit and have your computer in a high-traffic area of the house.    
  • Have frequent discussions with your child about their online activities. Talk to them about what to do if they are cyberbullied.    

Does Wisconsin have Cyberbullying laws?  

No, Wisconsin does not have laws specific to cyberbullying; however, several more general laws apply to the behaviors most often associated with cyberbullying. Most of these laws have varying levels of penalties depending on the exact nature of the bullying that is taking place. The first law that addresses cyberbullying in Wisconsin is the law against harassment.   For more information on defenses or penalties for cyberbullying in Wisconsin read our article, Cyberstalking and Cyberbullying laws in Wisconsin.  

Harassment 947.013  

Class B forfeiture  

Whoever, with intent to harass or intimidate another person, does any of the following:  

  • Strike, shoves, kicks, or otherwise subjects the person to physical contact or attempts or threatens to do the same.  
  • Engages in the course of conduct or repeatedly commits acts that harass or intimidate the person and which serve no legitimate purpose.    

 

Class A Misdemeanor    

If any of the Class B forfeiture behavior is accompanied by:  

  • A credible threat that places the victim in reasonable fear of death or great bodily harm.  
  • The act occurs while the actor is subject to an order or injunction that prohibits or limits their contact with the victim.  

 

Class I Felony  

  • If there is a previous misdemeanor conviction under the harassment statute.  
  • Three convictions involving the same victim  
  • The most recent conviction was within seven years of the most recent prior conviction  

 

Class H Felony  

 

  • If there is a previous misdemeanor conviction under the harassment statute.  
  • Or intentionally gains access to a record in an electronic format that contains personally identifiable information regarding the victim to facilitate misdemeanor harassment.    

teens on smart phone

Another Wisconsin Law that can apply to Cyberbullying in Wisconsin involves using a telephone to commission bullying.    

Unlawful use of telephone Wisconsin Statute 947.012  

 

Class B misdemeanor  

  • With intent to frighten, intimidate, threaten, abuse, or harass, makes a telephone call, and threatens to inflict injury or physical harm to any person or the property of any person.  
  • Or suggests any lewd or lascivious act.  
  • Makes a telephone call, whether or not a conversation ensues, without disclosing their identity and with intent to abuse or threaten any person at the called number.  

 

Class B Forfeiture  

 

With intent to harass or offend, telephones another and uses any obscene, lewd, or profane language or suggests any lewd or lascivious act.  

 

  • Makes or causes the telephone of another repeatedly to ring, with intent to harass any person at the called number.  
  • Makes repeated telephone calls, whether or not conversation ensues, with intent solely to harass any person at the called number.  
  • Makes a telephone call, whether or not a conversation ensues, without disclosing their identity and with intent to harass any person at the called number.  
  • Knowingly permits any telephone under their control to be used for any purpose prohibited by this section.  

 

Another Wisconsin law that can be used if there is cyberbullying is the Unlawful use of computerized communication systems. This covers emails, and many of the modern communication devices used today.    

 

Unlawful use of computerized communication systems Wisconsin Statute 947.0125  

 

Class B misdemeanor  

 

  • With intent to frighten, intimidate, threaten, abuse, or harass another person, sends a message to the person on an electronic mail or other computerized communication systems, and in that message threatens to inflict injury or physical harm to any person or the property of any person.  
  • Or with the reasonable expectation that the person will receive the message and, in that message, threatens to inflict injury or physical harm to any person or the property of any person.  
  • Or in that message uses any obscene, lewd, or profane language or suggests any lewd or lascivious act.  
  • Or uses any obscene, lewd, or profane language or suggests any lewd or lascivious act.  
  • Or while intentionally preventing or attempting to prevent the disclosure of their own identity.  
  • While intentionally preventing or attempting to prevent the disclosure of their identity and with intent to frighten, intimidate, threaten, or abuse another person, sends a message on an electronic mail or other computerized communication systems with the reasonable expectation that the person will receive the message.  

 

Class B forfeiture  

 

  • With intent to harass, annoy or offend another person, sends a message to the person on an electronic mail or other computerized communication system and in that message uses any obscene, lewd, or profane language or suggests any lewd or lascivious act.  
  • Or with the reasonable expectation that the person will receive the message and, in that message, uses any obscene, lewd, or profane language or suggests any lewd or lascivious act.  
  • With intent solely to harass another person, sends repeated messages to the person on an electronic mail or other computerized communication system or with the reasonable expectation that the person will receive the messages.  
  • While intentionally preventing or attempting to prevent the disclosure of their own identity.  
  • While intentionally preventing or attempting to prevent the disclosure of their identity and with intent to harass or annoy another person, sends a message on an electronic mail or other computerized communication systems with the reasonable expectation that the person will receive the message.  
  • Knowingly permits or directs another person to send a message prohibited by this section from any computer terminal or other device used to send messages on an electronic mail or other computerized communication systems under their control.  

 

A final law in Wisconsin that can be used in some circumstances is the law against Stalking. Stalking is a serious offense, and if the stalker is using electronic means to further their stalking behavior, they can be charged with multiple.  

 

Stalking Wisconsin Statute 940.32  

 

Class I Felony  

 

  • Intentionally engaging in a series of two or more acts carried out over time that show a continuity of purpose  
  • The actor knows that the conduct would cause a reasonable person to suffer severe emotional distress or fear bodily injury or death to him or herself or a family member, and  
  • The acts cause the specific person to suffer severe emotional distress or induce fear in the victim of bodily injury or death.    

 

Wisconsin does not have specific anti-cyberbullying laws, but multiple laws apply to cyberbullying and can be used to protect children and adults if they find themselves victims of this type of behavior in Wisconsin.    

Disclaimer: The information provided on this blog is intended for general informational purposes only and should not be construed as legal advice on any subject matter. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each individual's legal needs are unique, and these materials may not be applicable to your legal situation. Always seek the advice of a competent attorney with any questions you may have regarding a legal issue. Do not disregard professional legal advice or delay in seeking it because of something you have read on this blog.

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