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A Nassau County teen faces felony charges after police said they created fake TikTok accounts to threaten a student.
JACKSONVILLE, Fla. — Merely a fortnight ago, a 13-year-old faced felony charges in Nassau County for allegedly making fake TikTok accounts to issue life-threatening messages to a fellow student—a type of offense that is becoming increasingly common nationwide.
The teen’s arrest is just one example of the anti-bullying laws in Florida.
Though the Yulee incident occurred online, it remains a crime that carries serious consequences. In Florida, depending on the gravity of the crime, minors can be prosecuted as adults.
Jacksonville lawyer John Philips notes that the Florida Legislature enacted an anti-bullying law aimed not only at holding individuals accountable for threats but also at imposing criminal penalties on those who might pressure others online into self-harm.
“Criminal acts are still criminal acts, and you can’t retroactively say, ‘I was too young to understand,’ or ‘I was unaware of my child’s actions,’ because both the child and the parent might be held liable when authorities conclude, ‘This has crossed the line of the First Amendment,’” Philips clarified.
According to the Cyberbully Research Center, 20% of children experience cyberbullying annually, a figure that is rising as teenagers spend an increasing amount of time in digital spaces instead of physical ones.
Whether it’s constant harassment, cyberstalking, threats, or even imitation, cyberbullying is punishable by law in Florida.
If a person is convicted of misdemeanor cyberbullying, they may face a prison sentence of up to one year, a fine as much as $1,000, or both.
If a person is convicted of felony cyberbullying, they may face a prison sentence of up to five years, fines as high as $5,000, or both.
In the Yulee case, investigators reported that all evidence required to charge the teen from Yulee Middle School was discovered on their mobile device. Even erased messages can serve as proof of harassment and threats.
Still, with the technological world rapidly changing, Philips says internet crimes like cyberbullying are also changing the legal system.
“The law has to catch up,” Philips said. “You know, it used to take repetitive violence twice for a child to get an injunction against another child. Now, because of harassment and because of stalking, they’ve lightened the physical requirement to one instance, plus some threats. The law is slowly trying to adapt to give children the right to fight back in courts, but it’s still very slow.”
Philips adds that most children who are convicted of cyberbullying are sent to juvenile court for their punishment, so they can focus on education and rehabilitation.
Philips’ advice to parents is to monitor their children’s behavior and the language they use online to prevent something like this from ending up on their permanent record.