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Is Bullying a Crime? It Depends on the Circumstances

June 28, 2021 Written by Jill Harness and Edited by Peter Liss

Last Updated on September 12, 2024

is bullying illegal?

There have been a lot of efforts to reduce bullying over the last few decades, with more teens facing serious consequences for doing what was once considered simply hazing or typical schoolhouse fun. But even today, most forms of bullying, while problematic, are still not a crime. That being said, there are many activities that absolutely could result in a bully getting arrested and charged with a crime, though schools generally don’t involve the police in these matters just as they don’t with fistfights.

Assault and Battery in Bullying

In some ways it’s easier to list traditional forms of bullying that may not be nice, but are not actually against the law. Calling someone names, making fun of them, excluding them or ostracizing them may all be cruel and against school rules, but are not against the law. On the other hand, physically hurting someone or attempting to hurt someone generally is illegal. In fact, all of these forms of bullying could be considered battery and the attempt to do these things could be assault:

  • Wedgies
  • Swirlies (aka dunking someone’s head in a toilet or urinal)
  • Pink bellies
  • Indian burns
  • Forcing someone to eat spit or other bodily fluids
  • Spitting or throwing any other bodily fluids at someone
  • Locking someone in a locker
  • Throwing someone in a trash can
  • Smacking someone’s lunch tray from their hand
  • Noogies
  • Tying shoelaces together to trip someone
  • Wet willies
  • Snapping people with a towel
  • Purple nurples, aka titty twisters
  • Pushing, punching or kicking

It’s also worth noting that while most verbal-only attacks are legal, if someone is physically threatened, this is known as making a criminal threat and it carries similar punishments as assault or battery. The outer edge of criminal liability occurs when taunting causes someone to commit suicide and determining whether someone should be convicted for aiding and abetting a crime.

Acts Considered Sex Crimes

Many types of bullying are sexual in nature. Obviously rape, sexual assault and similar crimes are very serious, but many people don’t realize that pantsing, titty twisters and other activities that involve unwanted exposing or touching of people’s genitals could also be charged under California’s sex crime laws. Similarly, unwanted obscene phone calls could also result in criminal charges.

One of the most commonly charged forms of sex crime bullying occurs when someone texts or emails a person’s nude or sexual photos or videos to other people without the consent of everyone in the photos or videos. Cases involving sexting an unconsenting minor’s images are taken very seriously in the criminal justice system because these acts are very traumatic for the victim and fall under both revenge porn and child pornography laws.

Another sex crime people often face is sexual extortion (sextortion), which is threatening to do someone, for example sharing their nude pictures, if they do not do some type of sexual activity.

Other Types of Bullying Crimes

Some of the most common ways students pick on others without resorting to violence involve computer crimes. Hacking someone’s computer or social media accounts or using their computer or cell phone without permission are crimes. Similarly, swatting, aka reporting a dangerous emergency at someone’s home, is a serious crime. Doxing, meaning sharing someone’s private information publicly online, is also against the law.

Finally, when bullies take lunch, money, school supplies, even homework from their victim, they’ve committed theft.

Hate Crime Charges May be Applied

It’s worth noting that if the victim was selected based on a gender, race, disability, sexual orientation, religion or similar protected demographic, hate crime enhancements could also be filed in addition to any other charges. The difference with these charges is that if someone is found innocent of the underlying charges, they will automatically be found innocent of committing a hate crime.

How Likely are Criminal Charges

Obviously the likelihood of a bully facing criminal charges is related to the severity of the crime. It’s unlikely someone will be arrested for giving someone a wet willy unless they somehow hurt the victim’s eardrums.

For most physical cases that don’t result in serious bodily injury, schools are unlikely to call the police and prosecutors rarely file charges. Even wedgies and purple nurples still don’t generally result in criminal charges, even though these acts are somewhat sexual in nature. But if someone is seriously traumatized, physically or mentally, it is not only possible, but even likely the police and courts will be involved.

If you or a loved one has been accused of a crime related to bullying, hazing or any other juvenile crime, please contact Peter M. Liss at (760) 643-4050.

Related article: Teachers cannot legally carry guns on campuses in California.

Filed Under: JUVENILE CRIME, CRIMINAL DEFENSE Tagged With: assault, battery, juvenile crimes, sexting, extortion, rape

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About the Legal Information on This Website

I rely on my experience as a top defense lawyer in my area to personally review all information on this site; however the information offered here should not substitute as legal advice. If you have been arrested or charged with a crime in Vista, please contact a qualified criminal defense attorney.