What You Need to Know About Michigan Cyberbullying Laws

Published: July 18, 2019

Unfortunately, bullies have been terrorizing their classmates and neighbors for countless decades. In the past, bullying was confined to the playground, school corridors or wherever children and teens congregated. However, with more and more young people using social media, bullying has reached a new and more dangerous level. Perpetrators now engage in cyberbullying to victimize their peers, often with disastrous consequences. To combat this harmful epidemic, legislators have passed new Michigan cyberbullying laws, which took effect last March. Here are all the Michigan cyberbullying laws you need to know.

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Startling statistics on cyberbullying

Among students ages 12 to 18 who were bullied at school, 21.6% were also bullied online or by text.
The share of students ages 13 to 17 who have been cyberbullied in their lifetime has more than tripled, from 18.8% in 2007 to 58.2% in 2025.
In the most recent study, 33% of students were cyberbullied in the previous 30 days, up from 16.7% in 2016.
Among tweens, 13% were bullied both at school and online, while only 1% were bullied only online.
About half of tweens who were cyberbullied (50.8%) told a parent.
Teenagers with a developmental disability were more likely to be bullied (44.4%) than teenagers without one (31.3%).
In the past year, 25% of LGBTQ+ high school students were electronically bullied, compared with 13% of cisgender and heterosexual students.
Bullying is linked to depression, anxiety, lower academic achievement, missed school, self-harm, and death.

How does Michigan law define cyberbullying?

According to the Michigan cyberbullying law, House Bill No. 5017, cyberbullying involves “posting a message or statement in a public media forum about another person.”

In addition the following conditions must apply:

The message or statement is intended to create fear of bodily harm or death and expresses an intent to commit violence against the recipient.
The message or statement is posted with the intent to communicate a threat or with the knowledge that it will be viewed as a threat.

A “public media forum” is defined as the internet or another medium used to convey information to other individuals. Cyberbullies typically use social media sites such as Facebook and Twitter to target their victims.

What are the legal consequences for violating the Michigan cyberbullying law?

Misdemeanor offenses

Cyberbullying a classmate, even once, is considered a misdemeanor.

If convicted, the cyberbully could face imprisonment for up to 93 days, a fine of not more than $500, or both.

If a perpetrator with a previous cyberbullying conviction is found guilty again, it is still considered a misdemeanor. However, this time the cyberbully may go to jail for up to one year, pay a fine up to $1,000, or both.

Felony offenses

When a cyberbully engages in “a continued pattern of harassing or intimidating behavior” that causes serious injury to the victim, it’s considered a felony.

The law defines “serious injury” as “permanent, serious disfigurement, serious impairment of health damage, or serious impairment of a bodily function.”

A “pattern of harassing or intimidating behavior” means two or more separate, non-continuous acts of harassment or intimidation.

If those conditions are met, the cyberbully may face up to five years in prison and/or pay a fine of up to $5,000.

If the victim dies as a result of the continued harassment or intimidation, the cyberbully may be convicted of a felony. However, this time the bully could be imprisoned for up to 10 years and/or pay a fine of up to $10,000. These consequences apply even if the bully did not directly cause the death, as in the case of a suicide.

“Cyberbullies are a menace to everyone around them, especially their victims,” says Mark Bernstein of The Sam Bernstein Law Firm. “Parents and schools need to be more diligent about addressing this issue, and those who violate the law should be punished accordingly.”

Michigan cyberbullying laws are complicated, but finding the right attorney is simple.

Call 1-800-CALL-SAM today for a free, no-obligation consultation.

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