Utah does not have just a single criminal code that addresses cyberbullying. Instead, this behavior is addressed through a combination of education laws and criminal statutes that prohibit electronic harassment and online misconduct.
Electronic Communication Harassment
Many cyberbullying cases fall under Utah Code § 76-9-201, Utah’s electronic communication harassment statute. Under this law, a person may commit a criminal offense if they use electronic communications intending to intimidate, abuse, threaten, harass, frighten or interrupt the electronic communication of another party. The statute covers conduct such as:
- Repeated unwanted electronic contact
- Online threats of violence or damage to property
- Communications intended to provoke a violent response
- Excessive messaging or online traffic
A first violation of this statute is typically a Class B Misdemeanor, whereas repeat offenses can be enhanced to a Class A Misdemeanor.
Utah’s Public Education Statute
Utah Code § 53G-9-602 prohibits bullying and cyberbullying by students and school employees. The statute is broad in its interpretation and to cyberbullying “at any time or in any location,” not just on school grounds. As a result, students may face discipline for online conduct that occurs off campus if it involves another student or employee.
Potential Consequences
Depending on the situation, cyberbullying may lead to criminal charges under Utah law. Conduct involving threats, stalking, harassment, or the disclosure of personal information may open the door to both criminal and civil.
If you are charged with a Class B Misdemeanor, the maximum punishment is up to six months in jail. If it is a second offense and you are charged with a Class A Misdemeanor, you can serve up to 364 days in jail.
When Cyberbullying Becomes a Legal Matter
Not all offensive online behavior violates Utah law. However, repeated harassment, credible threats, and stalking behavior can cross the line from inappropriate to unlawful conduct. Whether a particular situation gives rise to criminal charges or a civil claim depends on the specific facts involved.
If you are dealing with potential charges, an attorney can help evaluate your legal options and provide guidance at each stage of your case.