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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
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Experience:  Attorney
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What legal recourse is there against childhood cyber bullies

Resolved Question:

What legal recourse is there against childhood cyber bullies? My good friends teenage daughter has been bullied for months and she is sick, depressed and wants to hurt herself.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Brandon M. replied 3 years ago.
Hello there:

I understand that the state related to the question was marked as "New Jersey", but since you are talking about a friend's daughter, I need to clarify that she is in New Jersey as well. Is that correct?

Also, can you give me some more details about what the cyberbulling has entailed? What is being said?
Customer: replied 3 years ago.
Thank you for your prompt reply. Yes she resides in New Jersey and the bullying is from anonymous classmates on somthing similiar to Facebook. She has been told dhe should kill herself, she is ugly, fat, has one eye (she has a sleepy eye). She is losing the ability to function, doesnt want to eat, has said that the world is better off without her etc because of this horrible abuse. The local Police Dept has supoened (spell check) the online entity to provide info so bullyers can be found.
Expert:  Brandon M. replied 3 years ago.
So it sounds like law enforcement has actually had some contact with this case already. Is that correct?
Customer: replied 3 years ago.
Yes Sir that is correct. But it is not clear what the legal recourse is once the cyber bullies have been discovered.
Expert:  Brandon M. replied 3 years ago.
There are two sides to this: the criminal side and the civil side.

From the criminal side, it's great that law enforcement has taken an interest in this case; once discovered, the harasser can be prosecuted criminally. This will result in a criminal record, fine, and possible jail time or community service (depending on the appropriateness under the circumstances).

From the civil side, your friend's daughter (on your friend on her daughter's behalf) can sue the perpetrator civilly. This would likely include a claim for "intentional infliction of emotional distress"; it would be handled by a personal injury attorney and, if she proves her case, it would result in a civil judgment that cannot be discharged in bankruptcy.

So the law is on her side; even though this is a tough situation, there are degrees of losing and my hope is that she will use the law to find justice in this case. I know to her mother she is a beautiful and valuable person, and it's really sad that some anonymous thug can take that understanding away from her.

I hope that this helps.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12237
Experience: Attorney
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