Criminal Defense Lawyers

Understanding Vermont’s Sentencing Guidelines for Cyberbullying Crimes

What is Cyberbullying in Vermont?

Before we get into the legal side of things, let’s make sure we’re on the same page about what constitutes cyberbullying in the Green Mountain State.Vermont defines cyberbullying as the act of transmitting data, images, texts, or other content with the intent to ridicule, harass, humiliate, or intimidate another person. 1Some common examples include:

• Sending mean or threatening messages via text, email, or social media
• Posting embarrassing photos or videos of someone online without their consent
• Creating fake online profiles or websites to mock or impersonate someone
• Repeatedly sending unwanted messages or comments to someone’s online accounts

The key things to remember are that the behavior must be intentional, repeated, and cause harm or distress to the victim.

Vermont’s Cyberbullying Laws

Now, let’s talk about the legal side of things. Vermont has a few laws on the books that specifically address cyberbullying and online harassment.

Act 117: Vermont’s Bullying Prevention Law

In 2004, Vermont became one of the first states to pass a law specifically addressing bullying in schools. 2Act 117, also known as the Bullying Prevention Law, requires all public schools to adopt policies and procedures to prevent and address bullying, including cyberbullying.Under this law, schools must:

• Define bullying and cyberbullying in their policies
• Establish procedures for reporting and investigating incidents
• Outline consequences and disciplinary actions for bullying behavior
• Provide training and education for staff and students on bullying prevention

While Act 117 focuses primarily on bullying in the school setting, it sets the foundation for how Vermont views and addresses cyberbullying as a whole.

Criminal Statutes Related to Cyberbullying

In addition to Act 117, Vermont has a few criminal statutes that can be applied to cases of severe cyberbullying.

Stalking and Harassment Laws

Vermont’s stalking and harassment laws can come into play if the cyberbullying behavior becomes persistent and causes the victim to fear for their safety. 3Under these laws, it’s illegal to:

• Engage in a “course of conduct” that would cause a reasonable person to fear for their safety or the safety of others
• Intentionally engage in behavior that causes another person substantial emotional distress

Depending on the severity of the case, stalking and harassment charges can range from misdemeanors to felonies, with potential jail time and fines.

Hate Crime Laws

If the cyberbullying is motivated by the victim’s race, color, religion, national origin, sex, ancestry, age, service in the U.S. Armed Forces, disability, sexual orientation, or gender identity, it may be considered a hate crime under Vermont law. 4Hate crimes carry enhanced penalties and can result in longer prison sentences and higher fines.

Computer Crime Laws

In some cases, cyberbullying may involve unauthorized access to computer systems or data, which could violate Vermont’s computer crime laws. 5These laws prohibit activities like hacking, identity theft, and the unauthorized distribution of private information or images.Violations of computer crime laws can result in felony charges, fines, and potential prison time.

Sentencing Guidelines for Cyberbullying Crimes

Okay, now that we’ve covered the relevant laws, let’s talk about how cyberbullying crimes are typically sentenced in Vermont.

Misdemeanor Cyberbullying Offenses

For less severe cases of cyberbullying that don’t involve stalking, hate crimes, or computer crimes, the offender may be charged with a misdemeanor.In Vermont, misdemeanors are classified into three categories:

• Simple misdemeanors (punishable by up to 1 year in jail and/or a $1,000 fine)
• Misdemeanors (punishable by up to 2 years in jail and/or a $5,000 fine)
• Aggravated misdemeanors (punishable by up to 3 years in jail and/or a $10,000 fine)

The specific charge and sentence will depend on the details of the case, such as the severity of the bullying, the age of the offender and victim, and any prior criminal history.For example, a first-time offender who engaged in mild cyberbullying might receive a simple misdemeanor charge and a fine, while a repeat offender who caused significant emotional distress to the victim could face an aggravated misdemeanor charge and potential jail time.

Felony Cyberbullying Offenses

In more serious cases involving stalking, hate crimes, or computer crimes, the offender may be charged with a felony.Vermont classifies felonies into three categories:

• Class C felonies (punishable by up to 3 years in prison and/or a $10,000 fine)
• Class B felonies (punishable by up to 10 years in prison and/or a $20,000 fine)
• Class A felonies (punishable by up to life in prison and/or a $100,000 fine)

The specific felony charge and sentence will depend on the details of the case and the applicable laws that were violated.For example, a cyberbullying case involving stalking and threats of violence could result in a Class B felony charge and a potential prison sentence of several years. On the other hand, a case involving hate crimes or the unauthorized distribution of private images could potentially be charged as a Class A felony, carrying the possibility of life in prison for the most severe offenses.

Aggravating and Mitigating Factors

When determining the appropriate sentence for a cyberbullying offense, Vermont courts will consider various aggravating and mitigating factors.Aggravating factors that could lead to harsher sentences include:

• The victim was a minor or a vulnerable individual
• The bullying behavior was particularly severe or prolonged
• The offender has a prior criminal history, especially for similar offenses
• The bullying caused significant emotional or physical harm to the victim

Mitigating factors that could lead to more lenient sentences include:

• The offender is a minor or has no prior criminal history
• The offender shows genuine remorse and a willingness to seek counseling or treatment
• The bullying behavior was relatively minor or isolated
• The offender cooperated with authorities and took steps to mitigate the harm caused

It’s important to note that sentencing is ultimately up to the discretion of the judge, who will weigh all the relevant factors and circumstances of the case.

Practical Advice and Resources

Okay, now that we’ve covered the legal side of things, let’s talk about some practical advice and resources for dealing with cyberbullying in Vermont.

Reporting Cyberbullying

If you or someone you know is being cyberbullied, it’s crucial to report the behavior to the appropriate authorities.For incidents involving minors or occurring in a school setting, you should report the bullying to the school administration and follow their established procedures for addressing bullying and harassment. For more severe cases or incidents involving adults, you may need to report the cyberbullying to law enforcement. You can contact your local police department or the Vermont State Police to file a report. When reporting cyberbullying, be sure to document and preserve any evidence, such as screenshots, emails, or text messages. This evidence can be crucial in supporting your case and helping authorities investigate the matter.

Support and Resources

Dealing with cyberbullying can be an incredibly difficult and traumatic experience. It’s important to seek support and take steps to protect your mental and emotional well-being.Here are some resources that can help:

• Vermont Network Against Domestic and Sexual Violence: This organization provides support and resources for victims of domestic violence, sexual assault, and stalking, including cyberbullying and online harassment. 6
• National Suicide Prevention Lifeline: If you or someone you know is having thoughts of suicide or self-harm due to cyberbullying, call the National Suicide Prevention Lifeline at 1-800-273-8255 for free and confidential support. 7
• CrisisTextLine: Text HOME to 741741 to connect with a crisis counselor for free, 24/7 support. 8
• Cyberbullying Research Center: This website provides information, resources, and support for victims of cyberbullying, as well as educational materials for parents and educators. 9

Remember, you don’t have to go through this alone. Seeking help and support is a sign of strength, not weakness.