Can My Child Be Charged Over a Social Media Prank?

 Posted on November 18, 2024 in Juvenile Law

As social media has become a part of daily life, it has also become a hotbed of bullying and harassment. Young people who use online platforms are especially prone to this, and actions that may be intended as mere "pranks" can end up causing serious harm. According to some estimates, people under 25 who are subjected to cyberbullying are more than twice as likely to engage in suicidal behaviors or other self-harm. Some have even coined the term "cyberbullicide" to refer to suicide linked to cyberbullying.

Texas has strict laws about harassment on social media, particularly among youth. Your child may believe he or she is playing an innocent prank on a classmate, but it could be considered a criminal offense. Depending on the nature and outcome of the prank, it could fall under either harassment or cyberbullying. In either case, your child may face charges as a juvenile, which can result in penalties such as fines and even jail time. Make sure you contact an experienced Texas juvenile criminal defense attorney right away if your child is facing online harassment charges.

Can My Child Be Charged With Harassment for a Social Media Prank?

Harassment is a serious crime in Texas and encompasses a fairly broad list of activities. A social media prank can be considered harassment if the prankster:

• Initiates communication with a person and makes an obscene suggestion or comment

• Tries to alarm someone by falsely reporting that a person has died or suffered a serious injury 

• Threatens to physically harm or commit a felony against another person

• Gives out someone’s phone number to be used for harassment

• Publishes content aimed at abusing, alarming, embarrassing, or harassing another person

• Sends repeated messages that are threatening, abusive, offensive, or embarrassing

An important element of harassment is that it is done with the intent to alarm, annoy, embarrass, abuse, or torment the other person. Since these are common intentions with pranks, many of them may fall into the harassment category.

By default, harassment is a Class B misdemeanor that carries up to 180 days in jail and a fine of up to $2,000. A minor may receive probation but can be sent to juvenile detention for repeated harassment.

Can My Child Be Charged With Cyberbullying for a Social Media Prank?

Cyberbullying is a criminal offense specifically aimed at online bullying among students. If a student sends abusive, threatening, or intimidating messages to another student, it may constitute cyberbullying. The law, referred to as "David’s Law" in memory of cyberbullying victim David Molak, requires schools to establish policies and procedures related to bullying between students both on and off campus.

Like harassment, cyberbullying is a Class B misdemeanor. However, it may also be punished with administrative penalties by the school, which can include suspension or expulsion.

Contact a Pleasanton, TX Juvenile Criminal Defense Attorney

Young people, particularly students, should be careful when interacting on social media. What your child sees as a prank may be seen as a crime by state authorities. A cyberbullying or harassment conviction can seriously impact your child’s future. BRCK Criminal Defense Attorneys are highly experienced former prosecutors and judges and we will fight aggressively for your child’s future and rights. Schedule a free consultation with an Atascosa County, TX juvenile criminal defense lawyer by calling 830-769-1010 now.