Cyberbullying Laws and Penalties in Missouri

Bullying has always been a menace in teenage social life, but with the internet and other electronic modes of socializing, cyberbullying­—bullying that takes place in an electronic format—has developed into a potentially even more dangerous teenage social ill. What many don't realize is that cyberbullying can cross the line to criminal conduct.

This article discusses Missouri's criminal statutes that prohibit and penalize cyberbullying.

What Laws Prohibit Cyberbullying in Missouri?

Missouri doesn't have a crime specific to cyberbullying. Rather, a person who engages in cyberbullying or cyberstalking in Missouri can face charges for harassment, stalking, or unlawful online posting.

A prosecutor can file harassment charges when a defendant bullies another intending to cause that person emotional distress. Stalking charges can be more serious and typically involve multiple acts intended to frighten, distress, or intimidate another. Both crimes can involve acts or conduct using electronic communications and images sent or posted via cell phones, computers, social media, or the internet. Unlawful online posting refers to sharing another's identifying information over the internet intending to cause bodily harm.

Below are explanations of these crimes and their penalties.

What Are the Penalties for Cyberharassment in Missouri?

A person commits harassment when, without good cause, they engage in any act to purposely cause another "emotional distress." Missouri law defines emotional distress as something that's markedly greater than the level of uneasiness, nervousness, unhappiness, or the like, which are commonly experienced in day-to-day living. Cyberharassment involves an offender using electronic communications to harass or bully a victim. This unlawful behavior can be done by phone, text message, email, computer, or via any electronic device that uses the internet.

Missouri law divides harassment into two degrees—first- and second-degree harassment.

First-degree harassment. A person commits first-degree harassment if their actions were intended to, and did, cause the victim to suffer emotional distress. Harassment in the first degree constitutes a class E felony, which carries penalties of up to four years' imprisonment and a $10,000 fine.

Second-degree harassment. All other acts of harassment are second-degree offenses. A first-time conviction is a class A misdemeanor, punishable by up to one year in jail and a $2,000 fine. Second and subsequent offenses are class E felonies, which subject a guilty defendant to up to four years in prison and a $10,000 fine.

(Mo. Rev. Code §§ 558.002, 558.011, 565.002, 565.090, 565.091 (2024).)

What Are the Penalties for Cyberstalking in Missouri?

A more serious form of cyberbullying occurs when the unlawful behavior escalates to the point of stalking. A person commits stalking by purposely engaging in a course of conduct that serves no legitimate purpose and would cause a reasonable person to be frightened, intimidated, or emotionally distressed. Much like harassment, stalking can be done by telephone, cell phone, text message, email, computer, or via any other electronic device that uses the internet.

Missouri has two degrees of stalking—first- and second-degree stalking.

First-Degree Stalking

Stalking in the first degree occurs when a person's conduct:

• involves threats that cause the targeted person to fear for their own or a family or household member's safety, or
• violates an order of protection or a condition of probation, parole, pretrial release, or bond.

It's also first-degree stalking when:

• the offender is 21 or older, and the victim is 17 or younger
• the offender has a previous conviction for domestic assault, a protection order violation, or any other crime against the same victim, or
• the offender knowingly accesses or attempts to access the address of a victim who is part of the address confidentiality program.

First-degree stalking is a class E felony for a first offense. A guilty defendant faces up to four years in prison and a $10,000 fine. Second and subsequent offenses constitute class D felonies, which carry penalties of up to seven years' imprisonment and a $10,000 fine. If an offender intentionally targets a law enforcement officer or their family member, they are guilty of a class D felony, even for the first offense.

Second-Degree Stalking

Stalking offenses that don't involve the factors listed above are second-degree crimes. A first offense is a class A misdemeanor and carries penalties of up to one year in jail and a $2,000 fine. Second and subsequent convictions are class E felonies, punishable by up to four years' imprisonment and a $10,000 fine.

(Mo. Rev. Code §§ 558.002, 558.011, 565.002, 565.225, 565.227 (2024).)

What Are the Penalties for Unlawful Internet Posting in Missouri?

A person commits the offense of unlawful online posting when they knowingly post another's name, home address, Social Security number, telephone number, or any other personally identifiable information on the internet, with the intent to cause great bodily harm or death or threaten to do so. Such unlawful conduct constitutes a class C misdemeanor, which carries up to 15 days in jail and a $750 fine.

When a victim's (or a family member's) profession falls into a special category, this criminal behavior becomes a class E felony, punishable by up to four years' imprisonment and a $10,000 fine. These professions include law enforcement officers, corrections officers, parole officers, judges, commissioners, or prosecuting attorneys. The felony level increases to class D if the defendant's conduct results in bodily harm or death to the victim. A class D felony carries up to seven years of incarceration and a $10,000 fine.

(Mo. Rev. Code §§ 558.002, 558.011, 565.240 (2024).)

Possible Defenses to Cyberbullying Crimes in Missouri

As discussed above, cyberbullying and cyberstalking may be criminally prosecuted under several state laws. Depending on the charge, one or more defenses may apply to each case, including the following.

Free Speech

Free speech is a fundamental—yet limited—right protected by the U.S. Constitution. The government can punish speech (words and related actions) when it is likely to be immediately dangerous to others. Because the line between protected and illegal speech isn't always clear, it may be appropriate to explore a free-speech defense.

Lack of Intent

All criminal offenses discussed in this article require a level of intent (knowingly or purposely), in order for a defendant to be guilty of the offense. If the defense can cast doubt regarding the defendant's intent or knowledge to cause harm or distress, this can be very beneficial to their case.

Reasonableness

For an offender's course of conduct to constitute stalking, the victim must be "reasonably" frightened, intimidated, or emotionally distressed. It's not enough for the alleged victim to feel emotional or mental stress or fear. A defendant might be able to argue that the victim's reaction was overly sensitive and not reasonable in light of the conduct in question.

Will Teenagers Accused of Cyberbullying Go to Juvenile or Adult Court in Missouri?

Both minors and adults can be charged with cyberbullying or cyberstalking, but they will be prosecuted in different courts based on their age when the crime was committed. Teenagers accused of acts committed when they were 18 or 19 will face charges in adult criminal court, whereas most juveniles whose acts were committed when they were 17 or younger fall under the jurisdiction of the state's juvenile justice system.

Juvenile court judges generally have more discretion than adult court judges in sentencing, as the juvenile justice system focuses more on rehabilitation rather than punishment. Within the juvenile system, sentencing options may include counseling, community service, treatment, monitoring, curfews, educational programs, or detention in a juvenile facility. In juvenile court, the minor receives an adjudication of delinquency rather than a criminal conviction.

(Mo. Rev. Code §§ 211.021, 211.031 (2024).)

State-Mandated School Anti-Bullying Policies in Missouri

Schools can also discipline students for bullying or cyberbullying other students.

Missouri law requires all school districts within the state to adopt an anti-bullying policy. The law defines bullying as intimidation, unwanted aggressive behavior, or harassment that would cause a reasonable student to fear for their physical safety or that of their property. This unwanted behavior must be repetitive or substantially likely to be repeated and must substantially infer with the student's educational environment. The statute's definition of bullying specifically includes cyberbullying, among other types.

Like most states, Missouri schools' anti-bullying policies must contain procedures for reporting, investigating, documenting, and responding to alleged instances of bullying.

(Mo. Rev. Code §§ 160.261, 160.775 (2024).)

Civil Lawsuits for Cyberbullying in Missouri

As you have read, cyberbullies may face penalties at school and sometimes in criminal court. In addition, a victim of cyberbullying may bring a civil lawsuit for the emotional, social, or financial harm caused by the offense. The size of the money damages will depend on the harm caused to the victim. For example, a civil court judge may order a cyberbully to pay the cost of therapy for the emotional distress caused to the victim.

Talk to a Lawyer

Cyberbullying and cyberstalking can incur serious fines and substantial incarceration time for a guilty defendant in Missouri. If you have been arrested for or charged with a related crime, contact a local criminal defense attorney. A qualified lawyer can give you sound legal advice and recommend the best course of action for the unique circumstances of your case.