Could Cyberbullying Become a New Crime in Larimer County?

Could cyberbullying become a new crime in Colorado? Read more in our blog.
Could cyberbullying become a new crime in Colorado? Read more in our blog.
Image Credit: FreeDigitalPhotos.net – Sujin Jetkasettakorn

With the advancement of technology and social media, it’s no wonder that new legislation is being proposed to keep up. Already, revenge porn and child pornography laws have been put in place to address some of these issues. Now, a new concern is being brought to the table: cyberbullying. The bill is named after a Colorado high school cheerleader, who attempted to hang herself in 2013 after receiving hateful messages encouraging her to kill herself. She was found in the garage by her father, who attempted to resuscitate her. She did survive, but she was left with a severe brain injury due to oxygen deprivation and is now a paraplegic, unable to talk.

Concerns About the New Cyberbullying Law in Larimer County

This new crime is mainly youth-oriented.

With this proposed law, Cyberbullying would become a misdemeanor harassment charge. The punishment would include up to six months in the Larimer, Boulder or Grand County Jail and as much as $750 in fines. There are some concerns about the ramifications of passing this bill. One would be whether or not it infringes on a person’s constitutional right to free speech. Another is if the law is too broad and open to police interpretation. The last concern is whether this law will over-criminalize juveniles. Lawmakers are aware this new crime is mainly youth-oriented. Considering the implications it could have on youth and criminal records, it is a good sign lawmakers are stopping to consider the implications.

How Does Cyberbullying Relate to Harassment in Fort Collins?

The mother of the girl the bill is named after feels the U.S. Constitution protects a person’s freedom of speech, but does not give anyone the right to harass someone. Under the current Harassment statute – C.R.S. 18-9-111 – it is illegal to “initiate communication with a person, anonymously or otherwise, by telephone or computer in a manner intended to harass or threaten bodily injury or property damage, or make any comment, request, suggestion, or proposal that is obscene with the intent to harass, annoy or alarm another person.” Because it is vague, Cyberbullying could, but does not specifically fall under this statute. If passed in Fort Collins, Loveland, and Estes Park, there would be a specific law defining Cyberbullying, the situations which describe Cyberbullying, and the punishments involved.

If you or a loved one has been contacted by the Larimer County Sheriff or Fort Collins, Windsor or Loveland Police regarding accusations of computer or text Harassment, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-658-0007, or submit the “Get Help Now” form. Together, we can protect your future.