Yes, cyberbullying is illegal in Texas. It’s prosecuted mainly under the state’s harassment statute, Texas Penal Code Section 42.07, and depending on what the conduct looks like, it can also be charged as online impersonation under Section 33.07. Penalties run from a Class B misdemeanor up to a third-degree felony, and victims have separate civil and school-based routes to stop the behavior without waiting for a criminal case.
The Criminal Laws That Cover Cyberbullying
Texas doesn’t have a statute titled “cyberbullying” in its criminal code. Instead, the conduct is prosecuted under two existing laws.
The first is the harassment statute. Under Section 42.07, a person commits an offense by sending repeated electronic communications in a manner reasonably likely to torment, embarrass, or offend another person, or by repeatedly posting such communications on a website or social media platform in a way likely to cause emotional distress. The law reaches text messages, emails, social media posts, instant messages, and other internet-based communications.1State of Texas. Texas Code 42.07 – Harassment
Prosecutors have to prove the person acted with specific intent to harass, torment, or embarrass. A single rude message won’t get there. The statute targets a pattern of repeated communications designed to cause emotional harm, and it carves out an exception for repeated posts made about a matter of public concern.1State of Texas. Texas Code 42.07 – Harassment
The second is online impersonation under Section 33.07. Creating a fake webpage or social media profile using another person’s name or persona, without consent and with intent to harm, defraud, or intimidate anyone, is a third-degree felony. Sending deceptive electronic messages that reference another person’s identifying information, designed to make the recipient believe that other person sent them, is a Class A misdemeanor. If the impersonation is meant to provoke an emergency response, the charge becomes a third-degree felony.2State of Texas. Texas Penal Code 33.07 – Online Impersonation
Age doesn’t limit who can be charged. Anyone 17 or older is treated as an adult under Texas criminal law. Minors aged 10 through 16 are handled through the juvenile system.
Penalties
- Class B misdemeanor (standard harassment): Up to 180 days in county jail and a fine up to $2,000. This is the base charge under Section 42.07.1State of Texas. Texas Code 42.07 – Harassment
- Class A misdemeanor (enhanced harassment): Up to one year in jail and a fine up to $4,000. The charge elevates in three specific situations: the offender has a prior harassment conviction; the electronic harassment targeted a person under 18 with intent that the child commit suicide or engage in conduct causing serious bodily injury; or the offender previously violated a cyberbullying court order issued under Chapter 129A of the Civil Practice and Remedies Code.1State of Texas. Texas Code 42.07 – Harassment3Justia. Texas Penal Code Chapter 12 – Punishments
- Third-degree felony (online impersonation): Two to ten years in prison and a fine up to $10,000 for creating a fake social media profile using someone else’s identity, or for impersonation intended to trigger an emergency response.2State of Texas. Texas Penal Code 33.07 – Online Impersonation
A common misunderstanding: harassing a minor isn’t automatically a Class A misdemeanor. The enhancement requires that the offender specifically intended the child to harm themselves or commit suicide, or that one of the other aggravating factors applies. Without those, cyberbullying of a minor is still charged as a Class B misdemeanor under the base statute.
What Texas Schools Can Do
Public schools in Texas have real authority over cyberbullying, even when it happens on personal devices after hours. Every district must adopt an anti-bullying policy that specifically addresses cyberbullying, includes a procedure for anonymous reporting, and requires the school to notify the parents of both the victim and the accused bully no later than the next school day after an incident is reported.4State of Texas. Texas Education Code 37.0832 – Bullying Prevention Policies and Procedures
The reach extends off campus. A district can investigate and discipline students for cyberbullying that occurs outside school if it interferes with a student’s educational opportunities or substantially disrupts classroom operations. Schools must also provide counseling options for victims, witnesses, and students who engage in bullying. Principals are required to report cyberbullying incidents to local police or the county sheriff when they have reasonable grounds to believe the conduct rises to a criminal harassment offense.4State of Texas. Texas Education Code 37.0832 – Bullying Prevention Policies and Procedures
Civil Remedies for Victims
A criminal case isn’t the only option, and it’s often not the fastest one. Under Chapter 129A of the Civil Practice and Remedies Code, a person under 18 who has been cyberbullied, or their parent, can file a Sworn Application and Petition to Stop Cyberbullying in court. If the judge finds that cyberbullying occurred, the court can issue a temporary restraining order or injunction ordering the bully to stop.5Texas Law Help. Cyberbullying
This runs independently of any criminal charges. You don’t need police to act first. And once a judge issues that order, violating it has teeth: any future electronic harassment of that minor by the same person becomes a Class A misdemeanor rather than a Class B.1State of Texas. Texas Code 42.07 – Harassment
Victims can also pursue a traditional civil lawsuit for monetary damages. In cases involving minors, parents of the bully can be held financially responsible if they knew about the behavior and failed to take reasonable steps to stop it. Filing fees vary by county, and while an attorney isn’t required to file the initial petition, complex situations or damage claims usually benefit from legal representation.
When Federal Law Might Apply
Most cyberbullying is handled under Texas law. Federal charges can come into play when conduct crosses state lines or uses interstate communication services. Under 18 U.S.C. Section 2261A, it’s a federal crime to use electronic communication in a course of conduct that places someone in reasonable fear of death or serious bodily injury, or that causes substantial emotional distress, when the offender acted with intent to harass, intimidate, or injure.6Office of the Law Revision Counsel. 18 US Code 2261A – Stalking Federal prosecution is rare in typical cases and tends to surface in sustained stalking campaigns or interstate situations.
One boundary worth naming, because victims often assume otherwise: you generally cannot sue Facebook, Instagram, Snapchat, or any similar platform for content another user posted. Federal law under 47 U.S.C. Section 230 shields social media companies from liability for user-generated content.7Office of the Law Revision Counsel. 47 USC 230 – Protection for Private Blocking and Screening of Offensive Material Your legal options run against the person doing the bullying. Platforms have their own reporting tools that can lead to content removal or account suspension, but those are company decisions, not legal remedies.
What To Do if You’re Being Cyberbullied
Preserve the evidence before it disappears. Take screenshots of every message, post, comment, and profile involved. Save the URLs. Keep threatening emails with their full headers intact. Courts and police need this material to build a case, and once a platform deletes content, getting it back is often impossible.
Report it to local law enforcement and bring your saved evidence. A police report creates an official record and starts the process that can lead to charges under Section 42.07 or, in impersonation cases, Section 33.07. If the victim is a student, also report to the principal. Texas schools are required to investigate and can discipline students for cyberbullying even when it happened off campus.
For faster protection, consider filing a Sworn Application and Petition to Stop Cyberbullying in your local court. A civil order can arrive well before any criminal prosecution moves, and any later violation of that order strengthens both future criminal charges and any civil claim. If someone is in immediate physical danger, call 911 rather than relying on online reporting or school channels.