These days, going to college or university means being online. Long gone are the days when you could actually get an education without technology—and in most cases, that's a good thing for students. Computers offer them access to the type of resources that were unheard of even just twenty or thirty years ago. However, access to computers and the internet also comes with some drawbacks, like digital abuse and cyber harassment.
Just because digital abuse and cyber harassment feel abstract doesn't mean that being accused of engaging in either of these conducts is an easy situation to deal with. If you, or someone you know, is facing allegations of digital abuse or cyber harassment, there's no time to waste. An honest mistake or even a misunderstanding can easily turn into disciplinary action or criminal investigation that would jeopardize your future or that of your child. Contact the Lento Law Firm today at 888.535.3686 or fill out our contact form.
What Is Digital Abuse and Cyber Harassment?
The terms digital abuse and cyber harassment encompass a series of online behaviors that result in emotional distress for the person on the receiving end, or that cause someone to fear for their safety. Among the conducts that can be considered digital abuse and cyber harassment are the following:
- Revenge porn: This refers to the practice of sharing sexually explicit images or videos without their consent.
- Sextortion: Even if there's no sharing of intimate content, the threat of sharing such content unless someone does something in return, whether the conduct required is sexual or not, is considered sextortion.
- Online Stalking: Much like stalking, but taking place entirely online. The practice of monitoring, harassing, or threatening a victim through social media, messaging applications, or any other way of communication online.
- Online Harassment: Similar to online stalking, but taken to the extreme by engaging in behaviors that create a hostile environment for someone else, who might fear for their safety due to these behaviors.
- Hate Speech: Much like engaging in hate speech in person, doing so online is only a problem. This refers to the deliberate commentary on someone's race, religion, ethnicity, sexual orientation, or any other protected characteristic.
- Cyberbullying: The practice of bullying, but done online. Involves repeated harmful, threatening, or abusive messages sent to the same person.
- Impersonation: Creating a fake online profile of someone else, no matter what the intent behind it.
- Doxing: Revealing a person's private information, like their address, phone number, or even SSN or banking information, with malicious intent.
- Swatting: The practice of falsely reporting a crime to emergency services, providing them with the address of someone else.
If you or a loved one are facing disciplinary action or criminal investigation due to an accusation of engaging in any of these behaviors, it's important to take these allegations seriously. It's also crucial to note that cyber-harassment involves as little as one communication, as long as that communication causes the recipient fear or puts them in danger. Plus, the conduct does not require the alleged defendant and victim to have a relationship—but if they do, the alleged conduct will likely also be covered by domestic violence laws and protections.
Just because these behaviors happen online doesn't mean that colleges and universities won't take them seriously and that there's no possibility of suspension, expulsion, or, worse, a criminal investigation. But the Lento Law Firm Criminal Defense Team can help. You don't have to face these complicated times alone. From doing our own investigation to securing witness statements and working with you to figure out the best possible defense, the Lento Law Firm can be your ally in fighting these allegations.
How Does New Jersey Punish Digital Abuse and Cyber Harassment?
Digital abuse and cyber harassment are punished differently by state. In New Jersey, there's a“cyber-harassment crime” statute, specifically New Jersey Statute 2C:33-4.1, which states that cyber-harassment happens when there's communication online or through a social networking site with the intention of harassing another.
The law specifies other things that have to happen for the conduct to amount to cyber-harassment, including threatening to inflict injury or physical harm to a person or property, knowingly sending, posting, commenting, requesting, suggesting, or proposing lewd, indecent, or obscene material intending emotional harm or reasonable fear of physical or emotional harm, or threaten to commit any other crime against the person or person's property.
In conclusion, New Jersey law requires three things for the conduct to be considered cyber-harassment:
- The communication to have taken place online.
- An intent to harass
- At least one of the listed acts of harassment.
The statute also specifies that cyber-harassment is typically a fourth-degree felony. However, if the defendant is over twenty-one and impersonates a minor to harass another minor, the crime will be considered a third-degree felony. This is an important distinction because a fourth-degree felony carries a maximum sentence of a year and a half in prison and a $10,000 fine, while a third-degree felony carries a maximum sentence of five years in prison and a $15,000 fine.
Digital abuse, in general, and digital domestic violence are more common than they seem and carry stiff penalties in New Jersey. Being accused of any of these crimes can result in not only disciplinary action within your college or university but also fines and even incarceration. Any expulsion or even a criminal conviction will also, subsequently, mean collateral damages to your reputation, career, and life.
If you or a loved one are facing digital abuse, cyber harassment charges, or disciplinary action because of allegations of this conduct, it's important to seek help and do it as soon as possible. The Lento Law Firm can be on your side as you try to understand how a particular conduct could have been construed as harassment. We will work with you to make sure you have the best defense possible and minimize as much as we can the impact these allegations will end up having on your life and future prospects.
Criminal Charges and School Disciplinary Proceedings
Digital abuse and cyber harassment are the types of allegations that can leave someone facing not just disciplinary procedures but also criminal charges. One does not preclude the other. Rutgers' Code of Student Conduct, for example, states that “Students may be held accountable for their behavior through both the criminal system and the University conduct process. University conduct proceedings may be carried out prior to, simultaneously with, or following civil or criminal proceedings at the discretion of the Chief Conduct Officer (or their designee), on each campus.”
This means that even if you are successful in fighting a disciplinary process, you would still have to contend with criminal charges and vice versa—as criminal charges and disciplinary procedures have a wildly different standard of proof. However, you could also win your criminal case and still have to face school disciplinary procedures. Rutgers' Code of Student Conduct adds, in this regard, “Disciplinary action, decisions, or sanctions shall not be subject to change because criminal charges were dismissed, reduced, or resolved in favor of the student. University community members are not precluded from filing a civil or criminal charge against a student before, while, or after the University pursues disciplinary action.”
Meanwhile, Thomas Edison State University's disciplinary process, contained in its Code of Conduct, lays down what is more or less a standard process for all schools to follow—one that will begin with a complaint, and if, “in the opinion of the vice provost and University registrar, the complaint should be pursued formally, the student will receive written notice of the charges and specifications as well as information about a scheduled hearing.”
In Thomas Edison State University, “The student's record is placed on hold while a disciplinary matter is pending. Requests for transcripts or other administrative actions will not be honored until the student's disciplinary procedure is completed.”
Someone facing allegations of digital abuse or cyber harassment could face, on top of the consequences if you are found responsible for the criminal charges, sanctions like:
- Warning: an oral or written reprimand that will typically outline the expected behavior going forward and the consequences if the behavior that was originally punished is repeated.
- Probation: a period of supervision where the student is required to be on their best behavior and not violate any rules or face an even harsher punishment.
- Restitution: a payment to repair the damage made to the school or the victim.
- Suspension: the student will be barred from campus for a period of time—with their return conditioned to the adherence to all rules, regulations, and requirements set forth by the college or university.
- Expulsion: the permanent termination of the student's enrollment at the school, meaning the student will not be allowed back on campus, and their academic transcript will reflect the expulsion going forward.
Whether you are facing criminal charges or disciplinary proceedings, it's important to not panic and try to face them alone. The Lento Law Firm is highly skilled in criminal and student discipline defense and is here to help. We will help you understand the charges against you, corroborate facts, interview witnesses, gather proof, and, in general, prepare a defense that fits the specifics of your case, both criminal and student discipline defense, and that gives you the best chance to be able to get back to your life. Don't dismiss these charges or ignore the possible consequences. The Lento Law Firm will be by your side so you can focus on your studies while we focus on your case.
How the Lento Law Firm Can Help
There's still a misguided notion that cyber crimes are not as serious as other crimes and that these kinds of allegations will just go away if we ignore them because they aren't that big of a deal. There's even an idea that since usually there's no actual, verifiable harm, digital abuse, and cyber harassment are the types of crimes that have no victim. All of that is wrong. Both colleges and universities and the state of New Jersey have conducts that constitute digital abuse and cyber harassment that are very well defined, and the consequences for engaging in anything that can be considered in the sphere of either of them can be serious.
In this day and age, there's a big chance that a misunderstanding, or the lack of experience or even proper communication, can lead to a situation where someone feels unsafe. Whether you're facing accusations because of a mistake, a decision made in anger, or at the behest of others, it's important to have the right team by your side as you face the allegations against you.
The Lento Law Firm can help you not just during the investigation process—as information is being gathered—to make sure you have all the facts to prove your side of the case but also represent you during a hearing, cross-examine witnesses and make sure your side of the story is heard, no matter what transpired. And, in case the criminal investigation or disciplinary procedure doesn't go your way, the Lento Law Firm can help you appeal to a higher authority.
Even if all those options are exhausted, you may still have alternative special relief available to you. The Lento Law Firm can help make sure you are aware of the best options against you and can even negotiate a settlement on your behalf if that's in your best interest to preserve your reputation and your future.
Don't let a misunderstanding, a miscalculation, words written in anger or in a moment of heartbreak, or because you followed someone's advice define your future. If you or a loved one are facing allegations of digital abuse or cyber harassment, it's crucial to understand the allegations against you, the process—both criminal and disciplinary—and what you can do to make sure this doesn't affect your future. Contact the Lento Law Firm today at 888.535.3686 or fill out our contact form to schedule a consultation. Let us help you preserve your future dreams.
