In Texas, cyberbullying under David’s Law is generally a Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine. If the bullying involved is intent to cause suicide/serious bodily injury or if the offender has a prior conviction, it becomes a Class A misdemeanor, with up to one year in jail and $4,000 in fines


Key Aspects of Punishment and Consequences:
· Class B Misdemeanor: Up to 180 days in county jail, fines up to, or both.
· Class A Misdemeanor: Up to one year in county jail, fines up to, or both.
· Conditions for Class A Upgrade: A prior conviction for cyberbullying or targeting a minor with intent to cause serious bodily injury or suicide.
· School Consequences: Students can face suspension, expulsion, or placement in a Disciplinary Alternative Education Program (DAEP).
· Civil Remedies: Victims (or parents) can seek injunctive relief (a court order to stop) through a civil lawsuit

If the perpetrator is a minor (10–16), the case may go to juvenile court, which can lead to probation, counseling, or detention.


In Texas, victims of cyberbullying (or their parents) can file a Sworn Application and Petition to Stop Cyberbullying in district or county court to obtain an injunction against the bully, following the guidelines of "David's Law". This legal action aims to stop electronic harassment that causes harm, fear, or school disruption.

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Key Steps to File a Cyberbullying Suit:
· Gather Evidence: Document all bullying, including screenshots, emails, and videos.
·Use Official Forms: Utilize the Sworn Application and Petition to Stop Cyberbullying created by the Supreme Court of Texas.
· Identify Court and File: File the petition with the district clerk in the county where the incident occurred or the respondent resides.
· File for Inability to Pay: If you cannot afford court costs, submit a Statement of Inability to Afford Payment of Court Costs.
· Serve the Respondent: Once filed, the petition must be served on the bully or their parents.

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Important Considerations:
· Injunctions: A judge can issue a temporary or permanent injunction to compel the bully (or their parents) to stop the behavior.
· Legal Aid: While not mandatory, hiring an attorney can help. Resources can be found at Texas Law Help.


Where can I get legal help against cyberbullying?

Use TexasLawHelp's Legal Help Directory to find a lawyer who serves your area. You can also seek help from the Don’t Bully Me Project or call the State Bar of Texas Lawyer Referral Service at 800-252-9690.

You can fill out the application for anti-bullying orders yourself, but you are encouraged to get a lawyer to help you. This article is not a substitute for legal advice.

Where can I learn more about Texas cyberbullying law?

· The David's Legacy Foundation offers information about cyberbullying.

· Texas Anti-Bullying Laws and Policies are at StopBullying.gov.

· The State of Texas School Safety Center has an overview of Texas Bullying Law.