Cyber bullying occurs where someone or a group of people decide to harass someone on social media, and it can include a whole gamut of activities.
If you are accused of cyberbullying you may face a variety of different punishments ranging from suspension to expulsion and jail time. As a result it is likely in your best interest to ensure your rights are protected and consult with a DC student defense attorney as soon as possible.
This generation of students is so tech savvy and lives much of their lives online through social media. Of course there is also the fact that students are generally younger, sometimes a little bit more impulsive or immature, and so this type of activity may engage them.
It depends on the jurisdiction you are in. Some jurisdictions do not yet have cyber bullying statutes, but if harassment occurs or threats are made, you could be charged with either offense. Harassment and threats are typically the types of charges that arise from those activities.
Those are the primary charges would be extended- threat or harassment-based charges, unless there is a cyber-bullying statute in that particular jurisdiction that prohibits a specific type of activity. If there is a sexual component to the threat(s), that could lead to a potential attempted sexual assault charge.
Typically the online activity is collected, whether it is e-mails, Twitter posts, Facebook posts, etc. That type of activity would be collected and used as evidence for that specific type of harassment, threat, or other form of bullying.
The issue that arises is usually one of authenticity. How do you prove, for example, that a text message came from a particular person? That is typically an issue and it sometimes requires experts or other witnesses or forensic evidence to show, for example, that a particular text used came from a particular phone at a particular time.
If there is no identifier, such as if someone leaves an anonymous post on Twitter, then more work must be done. We would compare the message with other messages that were posted more recently, where the investigating agency might know the source. In this situation, the investigating agency might have to compare the exact words used. Depending the situation, it can get very detailed and intricate.
It is a potential defense. We would then need to bring in a forensic expert to examine the computer to see if it has been hacked.
There are lots of things that forensic experts can do, including checking data, router, or event logs and looking at the history of the computer to see if there has been some sort of penetration. This type of investigation can and will be done.
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