Can Schools Press Criminal Charges for Cyberbullying in Texas?

 Posted on November 25, 2025 in Internet Crimes

Cyberbullying is an increasingly common internet crime in Texas and other states. Messages, posts, and videos that start online can sometimes lead to school discipline or even a criminal investigation. Schools can report cyberbullying to the police, and that report can start a criminal case. If your child is being investigated for this kind of offense, a San Antonio, TX cyberbullying charge defense lawyer can help.

What Counts as Cyberbullying in Texas Schools?

Cyberbullying refers to the use of electronic communication to threaten, embarrass, or harass another person. This can include text messages, social media posts, or online chat — basically any form of electronic communication.

Under Texas Education Code § 37.0832, also known as David’s Law, schools must take action if this type of communication affects a student’s education or sense of safety. The law gives schools the authority to discipline students who target others online. Even when something happens outside of school, the school can still respond if the actions cause problems on campus or among students.

Texas criminal law also covers harassment under Texas Penal Code § 42.07. This law makes it illegal to send repeated messages meant to bother, upset, or scare someone. The key issue is whether the conduct caused real harm or disruption.

Can a School File Criminal Charges for Cyberbullying?

A school cannot file or "press" criminal charges. Only police and prosecutors can do that. The school’s role is to investigate complaints, document what happened, and decide whether to notify law enforcement.

Under David’s Law, schools must inform the parents of both the alleged victim and the accused student when cyberbullying is reported. If there are threats, repeated harassment, or serious safety concerns, the school is also required to contact the police.

In these cases, the school is not acting as the prosecutor. It is simply providing information that could lead law enforcement to open a case. The police and district attorney then decide if criminal charges are appropriate.

What Happens When a Cyberbullying Report Becomes a Criminal Case?

If investigators find enough proof that a law was broken, they can ask prosecutors to file charges. Harassment, as previously mentioned, and online impersonation, found in Texas Penal Code § 33.07, are charges that can arise from cyberbullying. Online impersonation means pretending to be another person online to harm or embarrass someone. In more serious cases, behavior might even be considered stalking.

When the person accused is under 17, the case is handled in juvenile court. Juvenile courts focus more on education and rehabilitation than punishment. However, for older teens and young adults, penalties can include fines, probation, or jail time.

Possible Defenses Against a Cyberbullying Charge in Texas

Many cyberbullying cases involve misunderstandings or incomplete information. A defense lawyer can review what happened and help you understand your legal options. Common defenses include:

• Lack of intent: The communication was not meant to threaten, scare, or harass anyone.

• Mistaken identity: Another person might have used the same device or social media account.

• Free speech: Not every mean or offensive comment is a crime. The First Amendment protects some forms of speech.

• Insufficient evidence: The digital evidence may not show what actually happened or could have been altered.

Contact Our San Antonio, TX Internet Crimes Defense Attorney

A cyberbullying case can move quickly. Having an experienced San Antonio, TX cyberbullying defense lawyer on your side can help ensure that your case is handled fairly. Find out how we can help you by calling Law Offices of Sam H. Lock today at 210-226-0965 to schedule your initial consultation.