When Does Cyberbullying Become a Crime in California?

August 12, 2025 | Nafiz M. Ahmed

Cyberbullying is a growing concern in California and across the country. While hurtful or offensive messages sent online may be upsetting, not every form of cyberbullying is illegal. Still, California law does criminalize certain types of online conduct, such as when it involves threats, harassment, or targets minors.

So, when exactly does cyberbullying cross the line into criminal behavior? Ultimately, the answer depends on the facts and circumstances of the situation and the specific laws involved. Here’s what you should know.

What Counts as Cyberbullying?

Cyberbullying typically refers to using digital devices (such as phones, computers, or tablets) to harass, embarrass, threaten, or intimidate someone repeatedly.

This can include:

Sending harmful or threatening messages
Sharing private or embarrassing content without consent
Spreading rumors online
Creating fake profiles to deceive or impersonate
Targeting someone on social media with harassment or abuse

In California, cyberbullying is taken seriously in any context, but all the more so when the target is a minor or when the behavior happens repeatedly.

When Is Cyberbullying a Crime?

Under California law, cyberbullying becomes criminal when it involves harassment, stalking, threats, or invasion of privacy. Several state statutes may apply, depending on what the behavior involves.

Here are some of the key laws to keep in mind:

Penal Code § 653.2 – Electronic Harassment (Posting Personal Info to Harass)

It’s a crime to post or email personal information about someone (like their home address or phone number) with the intent to harass or cause harm. This law often applies to “doxxing,” where private information is spread to incite harassment.

Penal Code § 646.9 – Cyberstalking

Online stalking becomes a crime when it involves a pattern of behavior that causes the victim to fear for their safety or the safety of their family. Note that messages that don’t make direct threats can still be illegal if they create a reasonable fear for one’s safety.

Penal Code § 422 – Criminal Threats

If someone sends a message (via text, email, or social media) that threatens serious harm or death, and the threat is taken seriously by the recipient, it can lead to felony charges.

Education Code § 48900(r) – School Disciplinary Measures for Cyberbullying

While not a criminal law, this section allows California schools to discipline students for cyberbullying, even if the behavior happened off-campus or after school hours.

In some cases, more than one of these laws may apply at the same time.

Can Juveniles Be Prosecuted for Cyberbullying in California?

Yes. While minors are often subject to the juvenile justice system rather than adult criminal court, they can still face serious consequences for cyberbullying.

These consequences might include things like:

Probation
Community service
Mandatory counseling
Suspension or expulsion from school
A juvenile criminal record

The court may also order the removal of the offensive content and restrict internet use in some cases.

What Are the Legal Consequences of Cyberbullying?

The penalties for cyberbullying-related crimes depend on how serious the conduct is. Misdemeanor charges can result in fines and jail time of up to one year. Felony charges (such as those involving repeated stalking or credible threats) can result in multiple years in state prison.

In addition to criminal charges, victims may also pursue civil lawsuits for emotional distress or defamation. There are also collateral consequences that may result from a conviction, such as difficulty finding employment or housing.

Contact the San Jose Criminal Defense Lawyers at Ahmed & Sukaram, Criminal Defense Attorneys for Help Today

Cyberbullying cases aren’t always clear-cut. What starts as an online argument can quickly lead to serious legal trouble if the behavior becomes threatening, harassing, or repeated. If you’re being investigated or charged with a crime related to cyberbullying in California, speaking with a San Jose criminal defense attorney right away is the best way to protect yourself.

An experienced attorney at Ahmed & Sukaram, Criminal Defense Attorneys can explain how the law applies to your case and work to have your charges dismissed or reduced if at all possible. Schedule an initial consultation with us today.

For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500