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Cyberstalking Laws In Texas

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Cyberstalking is a form of cyberbullying. The terms are often used interchangeably in the media. There is no real difference between the two terms. Both can include false accusations, defamation, slander and libel. With the advancements made to technology, there has been an increase of cyberstalking and cyberbullying. When adults are involved, it is considered cyberstalking. When children and young adolescents are involved, this it is cyberbullying. Legally, the law does not view them differently other than taking into consideration the legal age of the persons involved. Anyone can be a victim of cyberbullying or cyberstalking.
Cyberstalking Laws in Texas Cyberstalking is where an individual is stalked. It is a crime in which the …show more content…

Cyberbullying occurs when people, primarily children, use social media, the internet, over the phone, through text messages or other forms of communication to intimidate, harass, threaten, or belittle others. Cyberbullying can happen 24/7. In the state of Texas, acts of cyberbullying are covered under several different laws. According to Texas law, under House Bill 2003, it is illegal for a person to commit fraud by using the name, identity or persona of another individual to create a web page or to post one or more messages on a social networking website. No one can pretend to be another person to post messages that would cause embarrassment or harm to the other person. When someone is convicted under this law, the prosecution has to prove that the offender posted the website or messages that defrauded the victim without their permission and with the intent of committing fraud. Cyberbullying also violates the terms of service of most internet service providers and websites. There are also a wide range of penalties that can result from the actions of cyberbullying in Texas. The punishment can range from a Class A Misdemeanor to a 3rd degree felony. To determine the punishment of the crime, the extent of the offense and the criminal history of the offender are taken into consideration to see if the offense qualifies as a misdemeanor or as a felony. In Texas, penalties for a person convicted of a misdemeanor violation of House Bill …show more content…

Some laws apply only to students and are school related punishment. Texas’s Educational Code 37.0832 addresses disciplinary actions for students who engage in bullying. Legislation concerning cyberbullying is constantly changing and evolving. Texas House Bill 1942 requires school districts to adopt anti-bullying policies. Students may also face criminal charges. For example, harassment can be either a Class A or B misdemeanor depending on the circumstances (Texas Penal Code 42.07) and online impersonation is either a felony for misdemeanor also depending on the circumstances (Texas Penal code 33.07). The act of cyberbullying can result in punishment
Cybercrime Prevention There are a number of simple ways to guard against cybercrimes. Try to stay anonymous and not have an identifiable online presence. You should use your primary email account only for communicating with people you trust. You can set up another account like Yahoo or Hotmail for all other communications. You can also set up your email program’s filter options to prevent delivery of unwanted messages. Also, when you choose and online name, make sure that it is different than your name and that it is gender-neutral. You should not have any identifying information in your online profile.
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The sexual cyber harassment is when a person post his/ her photos on social media, another person uses that image as a sexually implicit image without the consent of that person. For this type case, a person can go to the jail for 1 year and $1000 fine for the punishment by law. The second type of crime is texting and

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Cyberbullying is generally geared towards the younger generation of the youth, however, there has been cases where adults have been victims as well. In 2008 there was a case of cyberbullying that was carried out by a Missouri mom Lori Drew where she concentrated a public spotlight on the damage and abuse that speech in social media can cause to children and even convinced the advancement of a new legal idea on how to approach to understand that harm and to deal with the harm. The 49 year old Lori Drew created a MySpace account by the name of “Josh Evans,” (Steinhauser, 2008, para. 8-11) who was a teenage boy. The purpose of the creation for this account was to begin a dialogue with her very own 13 year old daughter’s former friend Megan Meier.

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