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The perspective will come from a future school counselor. The importance of this topic is to understand the need to regulate cellphone usage by students during school hours due to the rise of cyberbullying within school populations. The stakeholders that this legal guide most benefits is the school district, administration, faculty and staff, but most importantly, the students.

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Statutory Law: The power of technology like cell phones inside the classroom and outside that helps orchestrate bullying and harassment.

David's Law, S.B. 179, 114th (Texas 2015)

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Statutory Law: Cyberbullying can often times lead to harassment.

Tex. Penal Code § 9.42 (2007).

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PENAL CODE



TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY



CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES



Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:


(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;


(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;


(3) creates, by chemical means, a noxious and unreasonable odor in a public place;


(4) abuses or threatens a person in a public place in an obviously offensive manner;


(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;


(6) fights with another in a public place;


(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;


(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;


(9) discharges a firearm on or across a public road;


(10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or


(11) for a lewd or unlawful purpose:


(A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;


(B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or


(C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.


(a-1) For purposes of Subsection (a), the term "public place" includes a public school campus or the school grounds on which a public school is located.


(b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.


(c) For purposes of this section:


(1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and


(2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.


(d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.


(e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.


(f) Subsections (a)(1), (2), (3), (5), and (6) do not apply to a person who, at the time the person engaged in conduct prohibited under the applicable subdivision, was a student younger than 12 years of age, and the prohibited conduct occurred at a public school campus during regular school hours.


(g) Noise arising from space flight activities, as defined by Section 100A.001, Civil Practice and Remedies Code, if lawfully conducted, does not constitute "unreasonable noise" for purposes of this section.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 181, ch. 89, Sec. 1, 2, eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 4641, ch. 800, Sec. 1, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 145, Sec. 2, eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 14, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 54, Sec. 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 389, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 691 (H.B. 359), Sec. 6, eff. September 1, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 953 (H.B. 1791), Sec. 6, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 19, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 9, eff. September 1, 2013.


Sec. 42.02. RIOT. (a) For the purpose of this section, "riot" means the assemblage of seven or more persons resulting in conduct which:


(1) creates an immediate danger of damage to property or injury to persons;


(2) substantially obstructs law enforcement or other governmental functions or services; or


(3) by force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.


(b) A person commits an offense if he knowingly participates in a riot.


(c) It is a defense to prosecution under this section that the assembly was at first lawful and when one of those assembled manifested an intent to engage in conduct enumerated in Subsection (a), the actor retired from the assembly.


(d) It is no defense to prosecution under this section that another who was a party to the riot has been acquitted, has not been arrested, prosecuted, or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution.


(e) Except as provided in Subsection (f), an offense under this section is a Class B misdemeanor.


(f) An offense under this section is an offense of the same classification as any offense of a higher grade committed by anyone engaged in the riot if the offense was:


(1) in the furtherance of the purpose of the assembly; or


(2) an offense which should have been anticipated as a result of the assembly.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Sec. 42.03. OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY. (a) A person commits an offense if, without legal privilege or authority, he intentionally, knowingly, or recklessly:


(1) obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles, or conveyances, regardless of the means of creating the obstruction and whether the obstruction arises from his acts alone or from his acts and the acts of others; or


(2) disobeys a reasonable request or order to move issued by a person the actor knows to be or is informed is a peace officer, a fireman, or a person with authority to control the use of the premises:


(A) to prevent obstruction of a highway or any of those areas mentioned in Subdivision (1); or


(B) to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.


(b) For purposes of this section, "obstruct" means to render impassable or to render passage unreasonably inconvenient or hazardous.


Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 197 (H.B. 9), Sec. 2



(c) An offense under this section is a Class B misdemeanor, except that the offense is a state jail felony if, in committing the offense, the actor knowingly:


(1) prevents the passage of an authorized emergency vehicle, as defined by Section 541.201, Transportation Code, that is operating the vehicle's emergency audible or visual signals required by Section 546.003, Transportation Code; or


(2) obstructs access to a hospital licensed under Chapter 241, Health and Safety Code, or other health care facility that provides emergency medical care, as defined by Section 773.003, Health and Safety Code.


Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 949 (S.B. 1495), Sec. 1



(c) Except as otherwise provided by Subsections (d) and (e), an offense under this section is a Class B misdemeanor.


(d) Subject to Subsection (e), an offense under this section is a Class A misdemeanor if it is shown on the trial of the offense that, at the time of the offense, the person was operating a motor vehicle while engaging in a reckless driving exhibition.


(e) An offense under this section is a state jail felony if it is shown on the trial of the offense that, at the time of the offense, the person was operating a motor vehicle while engaging in a reckless driving exhibition, and:


(1) the person has previously been convicted of an offense punishable under Subsection (d);


(2) at the time of the offense, the person was operating a motor vehicle while intoxicated, as defined by Section 49.01; or


(3) a person suffered bodily injury as a result of the offense.


(f) For purposes of this section, "reckless driving exhibition" means an operator of a motor vehicle, on a highway or street and in the presence of two or more persons assembled for the purpose of spectating the conduct, intentionally:


(1) breaking the traction of the vehicle's rear tires;


(2) spinning the vehicle's rear tires continuously by pressing the accelerator and increasing the engine speed; and


(3) steering the vehicle in a manner designed to rotate the vehicle.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 197 (H.B. 9), Sec. 2, eff. September 1, 2021.


Acts 2021, 87th Leg., R.S., Ch. 949 (S.B. 1495), Sec. 1, eff. September 1, 2021.


Sec. 42.04. DEFENSE WHEN CONDUCT CONSISTS OF SPEECH OR OTHER EXPRESSION. (a) If conduct that would otherwise violate Section 42.01(a)(5) (Unreasonable Noise), 42.03 (Obstructing Passageway), or 42.055 (Funeral Service Disruptions) consists of speech or other communication, of gathering with others to hear or observe such speech or communication, or of gathering with others to picket or otherwise express in a nonviolent manner a position on social, economic, political, or religious questions, the actor must be ordered to move, disperse, or otherwise remedy the violation prior to his arrest if he has not yet intentionally harmed the interests of others which those sections seek to protect.


(b) The order required by this section may be given by a peace officer, a fireman, a person with authority to control the use of the premises, or any person directly affected by the violation.


(c) It is a defense to prosecution under Section 42.01(a)(5), 42.03, or 42.055:


(1) that in circumstances in which this section requires an order no order was given;


(2) that an order, if given, was manifestly unreasonable in scope; or


(3) that an order, if given, was promptly obeyed.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 2 (H.B. 97), Sec. 2, eff. May 19, 2006.


Sec. 42.05. DISRUPTING MEETING OR PROCESSION. (a) A person commits an offense if, with intent to prevent or disrupt a lawful meeting, procession, or gathering, he obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance.


(b) An offense under this section is a Class B misdemeanor.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Sec. 42.055. FUNERAL SERVICE DISRUPTIONS. (a) In this section:


(1) "Facility" means a building at which any portion of a funeral service takes place, including a funeral parlor, mortuary, private home, or established place of worship.


(2) "Funeral service" means a ceremony, procession, or memorial service, including a wake or viewing, held in connection with the burial or cremation of the dead.


(3) "Picketing" means:


(A) standing, sitting, or repeated walking, riding, driving, or other similar action by a person displaying or carrying a banner, placard, or sign;


(B) engaging in loud singing, chanting, whistling, or yelling, with or without noise amplification through a device such as a bullhorn or microphone; or


(C) blocking access to a facility or cemetery being used for a funeral service.


(b) A person commits an offense if, during the period beginning three hours before the service begins and ending three hours after the service is completed, the person engages in picketing within 1,000 feet of a facility or cemetery being used for a funeral service.


(c) An offense under this section is a Class B misdemeanor.


Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 2 (H.B. 97), Sec. 1, eff. May 19, 2006.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 256 (H.B. 1093), Sec. 1, eff. June 4, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 716 (H.B. 718), Sec. 1, eff. September 1, 2011.


Sec. 42.06. FALSE ALARM OR REPORT. (a) A person commits an offense if he knowingly initiates, communicates or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he knows is false or baseless and that would ordinarily:


(1) cause action by an official or volunteer agency organized to deal with emergencies;


(2) place a person in fear of imminent serious bodily injury; or


(3) prevent or interrupt the occupation of a building, room, place of assembly, place to which the public has access, or aircraft, automobile, or other mode of conveyance.


(b) An offense under this section is a Class A misdemeanor unless the false report is of an emergency involving a public or private institution of higher education or involving a public primary or secondary school, public communications, public transportation, public water, gas, or power supply or other public service, in which event the offense is a state jail felony.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, Sec. 4, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 910 (H.B. 1284), Sec. 2, eff. June 14, 2013.


Sec. 42.0601. FALSE REPORT TO INDUCE EMERGENCY RESPONSE. (a) A person commits an offense if:


(1) the person makes a report of a criminal offense or an emergency or causes a report of a criminal offense or an emergency to be made to a peace officer, law enforcement agency, 9-1-1 service as defined by Section 771.001, Health and Safety Code, official or volunteer agency organized to deal with emergencies, or any other governmental employee or contractor who is authorized to receive reports of a criminal offense or emergency;


(2) the person knows that the report is false;


(3) the report causes an emergency response from a law enforcement agency or other emergency responder; and


(4) in making the report or causing the report to be made, the person is reckless with regard to whether the emergency response by a law enforcement agency or other emergency responder may directly result in bodily injury to another person.


(b) An offense under this section is a Class A misdemeanor, except that the offense is:


(1) a state jail felony if it is shown on the trial of the offense that the defendant has previously been convicted two or more times of an offense under this section; or


(2) a felony of the third degree if:


(A) the false report was of a criminal offense to which a law enforcement agency or other emergency responder responded; and


(B) a person suffered serious bodily injury or death as a direct result of lawful conduct arising out of that response.


(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections.


(d) This section may not be construed in any manner to conflict with 47 U.S.C. Section 230 or 42 U.S.C. Section 1983.


Added by Acts 2021, 87th Leg., R.S., Ch. 945 (S.B. 1056), Sec. 1, eff. September 1, 2021.


Sec. 42.061. SILENT OR ABUSIVE CALLS TO 9-1-1 SERVICE. (a) In this section "9-1-1 service" and "public safety answering point" or "PSAP" have the meanings assigned by Section 771.001, Health and Safety Code.


(b) A person commits an offense if the person makes a call to a 9-1-1 service, or requests 9-1-1 service using an electronic communications device, when there is not an emergency and knowingly or intentionally:


(1) remains silent; or


(2) makes abusive or harassing statements to a PSAP employee.


(c) A person commits an offense if the person knowingly permits an electronic communications device, including a telephone, under the person's control to be used by another person in a manner described in Subsection (b).


(d) An offense under this section is a Class B misdemeanor.


Added by Acts 1989, 71st Leg., ch. 582, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(2), eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 331 (H.B. 1972), Sec. 6, eff. September 1, 2013.


Sec. 42.062. INTERFERENCE WITH EMERGENCY REQUEST FOR ASSISTANCE. (a) An individual commits an offense if the individual knowingly prevents or interferes with another individual's ability to place an emergency call or to request assistance, including a request for assistance using an electronic communications device, in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals.


(b) An individual commits an offense if the individual recklessly renders unusable an electronic communications device, including a telephone, that would otherwise be used by another individual to place an emergency call or to request assistance in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals.


(c) An offense under this section is a Class A misdemeanor, except that the offense is a state jail felony if the actor has previously been convicted under this section.


(d) In this section, "emergency" means a condition or circumstance in which any individual is or is reasonably believed by the individual making a call or requesting assistance to be in fear of imminent assault or in which property is or is reasonably believed by the individual making the call or requesting assistance to be in imminent danger of damage or destruction.


Added by Acts 2001, 77th Leg., ch. 690, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 460, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1164, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 331 (H.B. 1972), Sec. 7, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 331 (H.B. 1972), Sec. 8, eff. September 1, 2013.


Sec. 42.07. HARASSMENT. (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:


(1) initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;


(2) threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person's family or household, or the person's property;


(3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury;


(4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another;


(5) makes a telephone call and intentionally fails to hang up or disengage the connection;


(6) knowingly permits a telephone under the person's control to be used by another to commit an offense under this section;


(7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; or


(8) publishes on an Internet website, including a social media platform, repeated electronic communications in a manner reasonably likely to cause emotional distress, abuse, or torment to another person, unless the communications are made in connection with a matter of public concern.


(b) In this section:


(1) "Electronic communication" means a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. The term includes:


(A) a communication initiated through the use of electronic mail, instant message, network call, a cellular or other type of telephone, a computer, a camera, text message, a social media platform or application, an Internet website, any other Internet-based communication tool, or facsimile machine; and


(B) a communication made to a pager.


(2) "Family" and "household" have the meaning assigned by Chapter 71, Family Code.


(3) "Obscene" means containing a patently offensive description of or a solicitation to commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function.


(c) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if:


(1) the actor has previously been convicted under this section; or


(2) the offense was committed under Subsection (a)(7) or (8) and:


(A) the offense was committed against a child under 18 years of age with the intent that the child:


(i) commit suicide; or


(ii) engage in conduct causing serious bodily injury to the child; or


(B) the actor has previously violated a temporary restraining order or injunction issued under Chapter 129A, Civil Practice and Remedies Code.


(d) In this section, "matter of public concern" has the meaning assigned by Section 27.001, Civil Practice and Remedies Code.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 2204, ch. 411, Sec. 1, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 10, Sec. 1, eff. March 19, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 657, Sec. 1, eff. June 14, 1995; Acts 1999, 76th Leg., ch. 62, Sec. 15.02(d), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1222, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1278 (H.B. 1606), Sec. 1, eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 13, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 14, eff. September 1, 2017.


Acts 2021, 87th Leg., R.S., Ch. 178 (S.B. 530), Sec. 1, eff. September 1, 2021.


Sec. 42.072. STALKING. (a) A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct that:


(1) constitutes an offense under Section 42.07, or that the actor knows or reasonably should know the other person will regard as threatening:


(A) bodily injury or death for the other person;


(B) bodily injury or death for a member of the other person's family or household or for an individual with whom the other person has a dating relationship; or


(C) that an offense will be committed against the other person's property;


(2) causes the other person, a member of the other person's family or household, or an individual with whom the other person has a dating relationship to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person's property, or to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended; and


(3) would cause a reasonable person to:


(A) fear bodily injury or death for himself or herself;


(B) fear bodily injury or death for a member of the person's family or household or for an individual with whom the person has a dating relationship;


(C) fear that an offense will be committed against the person's property; or


(D) feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended.


(b) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor has previously been convicted of an offense under this section or of an offense under any of the following laws that contains elements that are substantially similar to the elements of an offense under this section:


(1) the laws of another state;


(2) the laws of a federally recognized Indian tribe;


(3) the laws of a territory of the United States; or


(4) federal law.


(c) For purposes of this section, a trier of fact may find that different types of conduct described by Subsection (a), if engaged in on more than one occasion, constitute conduct that is engaged in pursuant to the same scheme or course of conduct.


(d) In this section:


(1) "Dating relationship," "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.


(2) "Property" includes a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code.


Added by Acts 1997, 75th Leg., ch. 1, Sec. 1, eff. Jan. 28, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 15.02(e), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1222, Sec. 2, eff. Sept. 1, 2001.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 591 (S.B. 82), Sec. 1, eff. September 1, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 1278 (H.B. 1606), Sec. 2, eff. September 1, 2013.


Sec. 42.075. DISCLOSURE OF CONFIDENTIAL INFORMATION REGARDING FAMILY VIOLENCE OR VICTIMS OF TRAFFICKING SHELTER CENTER. (a) In this section, "family violence shelter center" and "victims of trafficking shelter center" have the meanings assigned by Section 552.138, Government Code.


(b) A person commits an offense if the person, with the intent to threaten the safety of any inhabitant of a family violence shelter center or victims of trafficking shelter center, discloses or publicizes the location or physical layout of the center.


(c) An offense under this section is a Class A misdemeanor.


(d) If conduct constituting an offense under this section also constitutes an offense under Section 552.352, Government Code, the actor may be prosecuted under either section.


Added by Acts 2019, 86th Leg., R.S., Ch. 1152 (H.B. 3091), Sec. 2, eff. September 1, 2019.


Sec. 42.08. ABUSE OF CORPSE. (a) A person commits an offense if the person, without legal authority, knowingly:


(1) disinters, disturbs, damages, dissects, in whole or in part, carries away, or treats in an offensive manner a human corpse;


(2) conceals a human corpse knowing it to be illegally disinterred;


(3) sells or buys a human corpse or in any way traffics in a human corpse;


(4) transmits or conveys, or procures to be transmitted or conveyed, a human corpse to a place outside the state; or


(5) vandalizes, damages, or treats in an offensive manner the space in which a human corpse has been interred or otherwise permanently laid to rest.


(b) An offense under this section is a state jail felony, except that an offense under Subsection (a)(5) is a Class A misdemeanor.


(c) In this section, "human corpse" includes:


(1) any portion of a human corpse;


(2) the cremated remains of a human corpse; or


(3) any portion of the cremated remains of a human corpse.


(d) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections.


(e) It is a defense to prosecution under this section that the actor:


(1) as a member or agent of a cemetery organization, removed or damaged anything that had been placed in or on any portion of the organization's cemetery in violation of the rules of the organization; or


(2) removed anything:


(A) placed in the cemetery in violation of the rules of the cemetery organization; or


(B) placed in the cemetery by or with the cemetery organization's consent but that, in the organization's judgment, had become wrecked, unsightly, or dilapidated.


(f) In this section, "cemetery" and "cemetery organization" have the meanings assigned by Section 711.001, Health and Safety Code.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 42.10 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Amended by:


Acts 2005, 79th Leg., Ch. 1025 (H.B. 1012), Sec. 1, eff. June 18, 2005.


Acts 2017, 85th Leg., R.S., Ch. 299 (S.B. 524), Sec. 1, eff. September 1, 2017.


Sec. 42.09. CRUELTY TO LIVESTOCK ANIMALS. (a) A person commits an offense if the person intentionally or knowingly:


(1) tortures a livestock animal;


(2) fails unreasonably to provide necessary food, water, or care for a livestock animal in the person's custody;


(3) abandons unreasonably a livestock animal in the person's custody;


(4) transports or confines a livestock animal in a cruel and unusual manner;


(5) administers poison to a livestock animal, other than cattle, horses, sheep, swine, or goats, belonging to another without legal authority or the owner's effective consent;


(6) causes one livestock animal to fight with another livestock animal or with an animal as defined by Section 42.092;


(7) uses a live livestock animal as a lure in dog race training or in dog coursing on a racetrack;


(8) trips a horse; or


(9) seriously overworks a livestock animal.


(b) In this section:


(1) "Abandon" includes abandoning a livestock animal in the person's custody without making reasonable arrangements for assumption of custody by another person.


(2) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering.


(3) "Custody" includes responsibility for the health, safety, and welfare of a livestock animal subject to the person's care and control, regardless of ownership of the livestock animal.


(4) "Depredation" has the meaning assigned by Section 71.001, Parks and Wildlife Code.


(5) "Livestock animal" means:


(A) cattle, sheep, swine, goats, ratites, or poultry commonly raised for human consumption;


(B) a horse, pony, mule, donkey, or hinny;


(C) native or nonnative hoofstock raised under agriculture practices; or


(D) native or nonnative fowl commonly raised under agricultural practices.


(6) "Necessary food, water, or care" includes food, water, or care provided to the extent required to maintain the livestock animal in a state of good health.


(7) "Torture" includes any act that causes unjustifiable pain or suffering.


(8) "Trip" means to use an object to cause a horse to fall or lose its balance.


(c) An offense under Subsection (a)(2), (3), (4), or (9) is a Class A misdemeanor, except that the offense is a state jail felony if the person has previously been convicted two times under this section, two times under Section 42.092, or one time under this section and one time under Section 42.092. An offense under Subsection (a)(1), (5), (6), (7), or (8) is a state jail felony, except that the offense is a felony of the third degree if the person has previously been convicted two times under this section, two times under Section 42.092, or one time under this section and one time under Section 42.092.


(d) It is a defense to prosecution under Subsection (a)(8) that the actor tripped the horse for the purpose of identifying the ownership of the horse or giving veterinary care to the horse.


(e) It is a defense to prosecution for an offense under this section that the actor was engaged in bona fide experimentation for scientific research.


(f) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful:


(1) form of conduct occurring solely for the purpose of or in support of:


(A) fishing, hunting, or trapping; or


(B) wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or


(2) animal husbandry or agriculture practice involving livestock animals.


(g) This section does not create a civil cause of action for damages or enforcement of this section.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 917, ch. 342, Sec. 12, eff. Sept. 1, 1975; Acts 1985, 69th Leg., ch. 549, Sec. 1, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 78, Sec. 1, eff. Aug. 26, 1991. Renumbered from Penal Code Sec. 42.11 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 318, Sec. 15, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1283, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 54, Sec. 3, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 450, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1275, Sec. 2(116), eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 886 (H.B. 2328), Sec. 1, eff. September 1, 2007.


Sec. 42.091. ATTACK ON ASSISTANCE ANIMAL. (a) A person commits an offense if the person intentionally, knowingly, or recklessly attacks, injures, or kills an assistance animal.


(b) A person commits an offense if the person intentionally, knowingly, or recklessly incites or permits an animal owned by or otherwise in the custody of the actor to attack, injure, or kill an assistance animal and, as a result of the person's conduct, the assistance animal is attacked, injured, or killed.


(c) An offense under this section is a:


(1) Class A misdemeanor if the actor or an animal owned by or otherwise in the custody of the actor attacks an assistance animal;


(2) state jail felony if the actor or an animal owned by or otherwise in the custody of the actor injures an assistance animal; or


(3) felony of the third degree if the actor or an animal owned by or otherwise in the custody of the actor kills an assistance animal.


(d) A court shall order a defendant convicted of an offense under Subsection (a) to make restitution to the owner of the assistance animal for:


(1) related veterinary or medical bills;


(2) the cost of:


(A) replacing the assistance animal; or


(B) retraining an injured assistance animal by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities as reputable and competent to provide special equipment for or special training to an animal to help a person with a disability; and


(3) any other expense reasonably incurred as a result of the offense.


(e) In this section:


(1) "Assistance animal" has the meaning assigned by Section 121.002, Human Resources Code.


(2) "Custody" has the meaning assigned by Section 42.09.


Added by Acts 2003, 78th Leg., ch. 710, Sec. 2, eff. Sept. 1, 2003.


Sec. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS. (a) In this section:


(1) "Abandon" includes abandoning an animal in the person's custody without making reasonable arrangements for assumption of custody by another person.


(2) "Animal" means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.


(3) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering.


(4) "Custody" includes responsibility for the health, safety, and welfare of an animal subject to the person's care and control, regardless of ownership of the animal.


(5) "Depredation" has the meaning assigned by Section 71.001, Parks and Wildlife Code.


(6) "Livestock animal" has the meaning assigned by Section 42.09.


(7) "Necessary food, water, care, or shelter" includes food, water, care, or shelter provided to the extent required to maintain the animal in a state of good health.


(8) "Torture" includes any act that causes unjustifiable pain or suffering.


(b) A person commits an offense if the person intentionally, knowingly, or recklessly:


(1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal;


(2) without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal;


(3) fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person's custody;


(4) abandons unreasonably an animal in the person's custody;


(5) transports or confines an animal in a cruel manner;


(6) without the owner's effective consent, causes bodily injury to an animal;


(7) causes one animal to fight with another animal, if either animal is not a dog;


(8) uses a live animal as a lure in dog race training or in dog coursing on a racetrack; or


(9) seriously overworks an animal.


(c) An offense under Subsection (b)(3), (4), (5), (6), or (9) is a Class A misdemeanor, except that the offense is a state jail felony if the person has previously been convicted two times under this section, two times under Section 42.09, or one time under this section and one time under Section 42.09.


(c-1) An offense under Subsection (b)(1) or (2) is a felony of the third degree, except that the offense is a felony of the second degree if the person has previously been convicted under Subsection (b)(1), (2), (7), or (8) or under Section 42.09.


(c-2) An offense under Subsection (b)(7) or (8) is a state jail felony, except that the offense is a felony of the third degree if the person has previously been convicted under this section or under Section 42.09.


(d) It is a defense to prosecution under this section that:


(1) the actor had a reasonable fear of bodily injury to the actor or to another person by a dangerous wild animal as defined by Section 822.101, Health and Safety Code; or


(2) the actor was engaged in bona fide experimentation for scientific research.


(e) It is a defense to prosecution under Subsection (b)(2) or (6) that:


(1) the animal was discovered on the person's property in the act of or after injuring or killing the person's livestock animals or damaging the person's crops and that the person killed or injured the animal at the time of this discovery; or


(2) the person killed or injured the animal within the scope of the person's employment as a public servant or in furtherance of activities or operations associated with electricity transmission or distribution, electricity generation or operations associated with the generation of electricity, or natural gas delivery.


(f) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful:


(1) form of conduct occurring solely for the purpose of or in support of:


(A) fishing, hunting, or trapping; or


(B) wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or


(2) animal husbandry or agriculture practice involving livestock animals.


(g) This section does not create a civil cause of action for damages or enforcement of the section.


Added by Acts 2007, 80th Leg., R.S., Ch. 886 (H.B. 2328), Sec. 2, eff. September 1, 2007.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 576 (S.B. 762), Sec. 1, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 739 (S.B. 1232), Sec. 3, eff. September 1, 2017.


Sec. 42.10. DOG FIGHTING. (a) A person commits an offense if the person intentionally or knowingly:


(1) causes a dog to fight with another dog;


(2) participates in the earnings of or operates a facility used for dog fighting;


(3) uses or permits another to use any real estate, building, room, tent, arena, or other property for dog fighting;


(4) owns or possesses dog-fighting equipment with the intent that the equipment be used to train a dog for dog fighting or in furtherance of dog fighting;


(5) owns or trains a dog with the intent that the dog be used in an exhibition of dog fighting; or


(6) attends as a spectator an exhibition of dog fighting.


(b) In this section:


(1) "Dog fighting" means any situation in which one dog attacks or fights with another dog.


(2) "Dog-fighting equipment" has the meaning assigned by Article 18.18(g), Code of Criminal Procedure.


(c) A conviction under Subsection (a)(2) or (3) may be had upon the uncorroborated testimony of a party to the offense.


(d) It is a defense to prosecution under Subsection (a)(1) that the actor caused a dog to fight with another dog to protect livestock, other property, or a person from the other dog, and for no other purpose.


(e) An offense under Subsection (a)(4), (5), or (6) is a Class A misdemeanor. An offense under Subsection (a)(1), (2), or (3) is a state jail felony.


Added by Acts 1983, 68th Leg., p. 1610, ch. 305, Sec. 1, eff. Sept. 1, 1983. Renumbered from Penal Code Sec. 42.111 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 644 (H.B. 916), Sec. 1, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 1357 (S.B. 554), Sec. 1, eff. September 1, 2009.


Sec. 42.105. COCKFIGHTING. (a) In this section:


(1) "Bridle" means a leather device designed to fit over the head and beak of a cock to prevent the cock from injuring another cock.


(2) "Cock" means the male of any type of domestic fowl.


(3) "Cockfighting" means any situation in which one cock attacks or fights with another cock.


(4) "Gaff" means an artificial steel spur designed to attach to the leg of a cock to replace or supplement the cock's natural spur.


(5) "Slasher" means a steel weapon resembling a curved knife blade designed to attach to the foot of a cock.


(b) A person commits an offense if the person knowingly:


(1) causes a cock to fight with another cock;


(2) participates in the earnings of a cockfight;


(3) uses or permits another to use any real estate, building, room, tent, arena, or other property for cockfighting;


(4) owns or trains a cock with the intent that the cock be used in an exhibition of cockfighting;


(5) manufactures, buys, sells, barters, exchanges, possesses, advertises, or otherwise offers a gaff, slasher, or other sharp implement designed for attachment to a cock with the intent that the implement be used in cockfighting; or


(6) attends as a spectator an exhibition of cockfighting.


(c) It is an affirmative defense to prosecution under this section that the actor's conduct:


(1) occurred solely for the purpose of or in support of breeding cocks for poultry shows in which a cock is judged by the cock's physical appearance; or


(2) was incidental to collecting bridles, gaffs, or slashers.


(d) An affirmative defense to prosecution is not available under Subsection (c) if evidence shows that the actor is also engaging in use of the cocks for cockfighting.


(e) It is a defense to prosecution for an offense under this section that:


(1) the actor was engaged in bona fide experimentation for scientific research; or


(2) the conduct engaged in by the actor is a generally accepted and otherwise lawful animal husbandry or agriculture practice involving livestock animals.


(f) It is an exception to the application of Subsection (b)(6) that the actor is 15 years of age or younger at the time of the offense.


(g) An offense under Subsection (b)(1) or (2) is a state jail felony. An offense under Subsection (b)(3), (4), or (5) is a Class A misdemeanor. An offense under Subsection (b)(6) is a Class C misdemeanor, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that the person has been previously convicted of an offense under that subdivision.


Added by Acts 2011, 82nd Leg., R.S., Ch. 952 (H.B. 1043), Sec. 1, eff. September 1, 2011.


Sec. 42.11. DESTRUCTION OF FLAG. (a) A person commits an offense if the person intentionally or knowingly damages, defaces, mutilates, or burns the flag of the United States or the State of Texas.


(b) In this section, "flag" means an emblem, banner, or other standard or a copy of an emblem, standard, or banner that is an official or commonly recognized depiction of the flag of the United States or of this state and is capable of being flown from a staff of any character or size. The term does not include a representation of a flag on a written or printed document, a periodical, stationery, a painting or photograph, or an article of clothing or jewelry.


(c) It is an exception to the application of this section that the act that would otherwise constitute an offense is done in conformity with statutes of the United States or of this state relating to the proper disposal of damaged flags.


(d) An offense under this section is a Class A misdemeanor.


Added by Acts 1989, 71st Leg., 1st C.S., ch. 27, Sec. 1, eff. Sept. 1, 1989. Renumbered from Penal Code Sec. 42.14 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Sec. 42.12. DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES. (a) A person commits an offense if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more.


(b) An offense under this section is a Class A misdemeanor.


(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the person may be prosecuted under either section.


(d) Subsection (a) does not affect the authority of a municipality to enact an ordinance which prohibits the discharge of a firearm.


Added by Acts 1995, 74th Leg., ch. 663, Sec. 1, eff. Sept. 1, 1995.


Sec. 42.13. USE OF LASER POINTERS. (a) A person commits an offense if the person knowingly directs a light from a laser pointer at a uniformed safety officer, including a peace officer, security guard, firefighter, emergency medical service worker, or other uniformed municipal, state, or federal officer.


(b) In this section, "laser pointer" means a device that emits a visible light amplified by the stimulated emission of radiation.


(c) An offense under this section is a Class C misdemeanor, except that the offense is:


(1) a felony of the third degree if the conduct causes bodily injury to the officer; or


(2) a felony of the first degree if the conduct causes serious bodily injury to the officer.


(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law, but not both.


Added by Acts 2003, 78th Leg., ch. 467, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 200 (H.B. 2366), Sec. 1, eff. September 1, 2021.


Sec. 42.14. ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT. (a) A person commits an offense if:


(1) the person intentionally directs a light from a laser pointer or other light source at an aircraft; and


(2) the light has an intensity sufficient to impair the operator's ability to control the aircraft.


(b) It is an affirmative defense to prosecution under this section that the actor was using the light to send an emergency distress signal.


(c) An offense under this section is a Class C misdemeanor unless the intensity of the light impairs the operator's ability to control the aircraft, in which event the offense is a Class A misdemeanor.


(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.


(e) In this section, "laser pointer" has the meaning assigned by Section 42.13.


Added by Acts 2007, 80th Leg., R.S., Ch. 680 (H.B. 1586), Sec. 1, eff. September 1, 2007.

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PENAL CODE CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES

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PENAL CODE TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES Sec. 42.01. DISORDERLY CONDUCT.

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Bullying is a threat to a student's learning and health, so if must be taken seriously.

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Administrative Law: Texas Education Association has set an expectation to create safe schools for students, which all must abide by.

2 TAC § 37.007

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Lubbock ISD has put a system in place for students to report cyberbullying (or bullying in general). STOPit is the platform, as well as, reporting it to any adult within the campus.

LubbockISD. (n.d.). School Safety and Security. Retrieved from https://www.lubbockisd.org/stopit.

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American School Counselor Association Ethical Principles

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American School Counselor Association Ethical Principles

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Per ASCA, a counselor has vowed to "report to the administration all incidents of bullying, dating violence and sexual harassment as most fall under Title IX of the Education Amendments of 1972 or other federal and state laws as being illegal and require administrator interventions. School counselors provide services to victims and perpetrator as appropriate, which may include a safety plan and reasonable accommodations such as schedule change, but school counselors defer to administration for all discipline issues for this or any other federal, state or school board violation." We have to remember that we are an advocate for our students. By law, we must we protect and serve our students to the best of our ability.

American School Counselor Association. (2016). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

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In a 2017 study about bullying, 20 percent of students aged 12-18 said they were bullied at school. Thirty-four percent of youth report being cyberbullied in their lifetime. Bullying is associated with negative outcomes for those who are bullied, including substance use, suicide, and impacts on physical and mental health.

SchoolSafety.gov. (n.d.). Bullying and Cyberbullying. Retrieved from https://www.schoolsafety.gov/prevent/bullying-and-cyberbullying.

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Create a safer school environment by addressing bullying and cyberbullying.

Bullying and cyberbullying threatens students' physical and emotional safety and can impact their social and academic success at school. There are a number of reasons behind school violence; in some cases, being the victim of bullying could play a contributing role.

In a 2017 study about bullying, 20 percent of students aged 12-18 said they were bullied at school. Thirty-four percent of youth report being cyberbullied in their lifetime. Bullying is associated with negative outcomes for those who are bullied, including substance use, suicide, and impacts on physical and mental health.

Everyone at school can work together to create an environment where bullying is not acceptable. Districts and schools should adopt policies to help prevent bullying and cyberbullying, such as school climate initiatives and support for digital citizenship and positive character development. Procedures for monitoring student behavior in school and online can help schools identify at-risk behaviors and provide interventions before they create safety issues.

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Create a safer school environment by addressing bullying and cyberbullying. Bullying and cyberbullying threatens students' physical and emotional safety and can impact their social and academic success at school. There are a number of reasons behind school violence; in some cases, being the victim of bullying could play a contributing role.

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This affects counselors and the school in general because students are turning to other measures to cope with the bullying, which in return creates an atmosphere of lack of safety and it's original purpose of providing a place for the student to grow and be successful in every aspect of their life. It is the duty of all adults within a school system to create a positive learning environment, and so educating ourselves on ways to identify bullying, address it, and resolve it is imperative for all parties involved. We must be an advocate for our students.

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Centers of Disease Control and Prevention

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Centers of Disease Control and Prevention

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CDC provides data, as well as, useful strategies and tools to help those that are being bullied. Also, readers can learn how bullying can affect a person to the point of violent outcomes stemming from the mistreatment.

Centers of Disease Control and Prevention. (2021, September 2). Preventing Bullying. Retrieved from https://www.cdc.gov/violenceprevention/youthviolence/bullyingresearch/fastfact.html.

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Bullying is a form of youth violence and an adverse childhood experience (ACE). CDC defines bullying as any unwanted aggressive behavior(s) by another youth or group of youths, who are not siblings or current dating partners, that involves an observed or perceived power imbalance, and is repeated multiple times or is highly likely to be repeated. Bullying may inflict harm or distress on the targeted youth including physical, psychological, social, or educational harm. Common types of bullying include:

Physical such as hitting, kicking, and tripping

Verbal including name-calling and teasing

Relational/social such as spreading rumors and leaving out of the group

Damage to property of the victim

Bullying can also occur through technology, which is called electronic bullying or cyberbullying. A young person can be a perpetrator, a victim, or both (also known as "bully/victim"). For more information about bullying definitions please see Bullying Surveillance Among Youths: Uniform Definitions for Public Health and Recommended Data Elements, Version 1 [8.64 MB, 116 Pages, 508] .

Bullying is widespread in the United States. Bullying negatively impacts all youth involved including those who are bullied, those who bully others, and those who witness bullying, known as bystanders.

Bullying is common. About 1 in 5 high school students reported being bullied on school property. More than 1 in 6 high school students reported being bullied electronically in the last year.

Some youth experience bullying more than others. Nearly 40% of high school students who identify as lesbian, gay, or bisexual and about 33% of those who were not sure of their sexual identity experienced bullying at school or electronically in the last year, compared to 22% of heterosexual high school students. About 30% of female high school students experienced bullying at school or electronically in the last year, compared to about 19% of males. Nearly 29% of White high school students experienced bullying at school or electronically in the last year compared to about 19% of Hispanic and 18% of Black high school students.

Bullying is a frequent discipline problem. Nearly 14% of public schools report that bullying is a discipline problem occurring daily or at least once a week.

Reports of bullying are highest in middle schools (28%) followed by high schools (16%), combined schools (12%), and primary schools (9%).

Reports of cyberbullying are highest in middle schools (33%) followed by high schools (30%), combined schools (20%), and primary schools (5%).

Bullying can result in physical injury, social and emotional distress, self-harm, and even death. It also increases the risk for depression, anxiety, sleep difficulties, lower academic achievement, and dropping out of school. Youth who bully others are at increased risk for substance misuse, academic problems, and experiencing violence later in adolescence and adulthood. Youth who bully others and are bullied themselves suffer the most serious consequences and are at greater risk for mental health and behavioral problems.

Bullying is preventable. There are many factors that may increase or decrease the risk for perpetrating or experiencing bullying. To prevent bullying, we must understand and address the factors that put people at risk for or protect them from violence. CDC developed, Youth Violence Prevention Resource for Action [4 MB, 64 Pages] , to help communities take advantage of the best available evidence to prevent youth violence. This resource is also Cdc-pdf available in Spanish [3.89 MB, 68 Pages, 508] and can be used as a tool in efforts to impact individual behaviors as well as the relationship, family, school, community, and societal risk and protective factors for violence. The approaches in this resource, particularly universal school-based programs that strengthen youths' skills and modify the physical and social environment, have been shown to reduce violence and bullying or key risk factors.

Different types of violence are connected and often share root causes. Bullying is linked to other forms of violence through shared risk and protective factors. Addressing and preventing one form of violence may have an impact on preventing other forms of violence.

See Youth Violence Resources for articles, publications, data sources, and prevention resources for bullying.

1. Gladden RM, Vivolo-Kantor AM, Hamburger ME, Lumpkin CD. Bullying surveillance among youths: Uniform definitions for public health and recommended data elements, Version 1.0. Atlanta, GA; National Center for Injury Prevention and Control, Centers for Disease Control and Prevention and U.S. Department of Education; 2013. Available from https://www.cdc.gov/violenceprevention/pdf/bullying-definitionsfinal-a.pdf.

2. Centers for Disease Control and Prevention. Youth risk behavior surveillance-United States, 2019. Morbidity and Mortality Weekly Report-Surveillance
Summaries 2020; 69(SS1). Available fromhttps://www.cdc.gov/healthyyouth/data/yrbs/pdf/2019/su6901-H.pdf

3. Diliberti, M., Jackson, M., Correa, S., and Padgett, Z. (2019). Crime, Violence, Discipline, and Safety in U.S. Public Schools: Findings From the School Survey on Crime and Safety: 2017-18 (NCES 2019-061). U.S. Department of Education. Washington, DC: National Center for Education Statistics. Retrieved from http://nces.ed.gov/pubsearch.

4. Farrington D, Baldry A. Individual risk factors for school bullying. Journal of Aggression, Conflict and Peace Research 2010; 2(1):4-16. Available from https://doi.org/10.5042/jacpr.2010.0001.

5. David-Ferdon, C., Vivolo-Kantor, A. M., Dahlberg, L. L., Marshall, K. J., Rainford, N. & Hall, J. E. (2016). Youth Violence Prevention Resource for Action: A Compilation of the Best Available Evidence. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention. Note: The title of this document was changed in July 2023 to align with other Prevention Resources being developed by CDC's Injury Center. The document was previously cited as "A Comprehensive Technical Package for the Prevention of Youth Violence and Associated Risk Behaviors."

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Adolescents & adults often unaware teens experience dating violence

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If you are already registered on our website, you can sign in by selecting your partner organization below, then entering your email address and password on the next screen.

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What Is Cyberbullying?

Cyberbullying is when someone uses technology to harass, threaten, embarrass, or target another person. It happens on devices like smartphones, computers, tablets, and gaming systems. Cyberbullying hurts people, and in some cases is against the law.

Sometimes cyberbullying can be easy to spot - for example, if your child shows you a text, comment, or post that is harsh, mean, or cruel. Other acts are less obvious, like posting someone's personal information, or using photos or videos that hurt or embarrass another person. Someone might make a fake account or screen name to harass and bully, so you don't know who the bully is.

What Are the Effects of Cyberbullying?

Kids have almost constant access to their devices, so cyberbullying is hard to escape. Kids and teens can feel like they never get a break and feel the effects very strongly.

Kids who are cyberbullied can struggle to concentrate in school, which can affect how well they do there. Cyberbullying that is severe, long-lasting, or happens a lot can cause anxiety, depression, and other stress-related disorders in victims and bullies. In rare cases, some kids have attempted or died from suicide.

Cyberbullies also can be suspended or expelled from school or kicked off of sports teams. Depending on the severity of the cyberbullying, kids also might be in legal trouble.

What Are the Signs of Cyberbullying?

Many kids and teens who are cyberbullied don't want to tell a teacher, parent, or trusted adults, often because they feel ashamed or fear that their devices will be taken away at home.

Signs of cyberbullying vary, but may include:

being emotionally upset during or after using the Internet or the phone

being very secretive or protective of one's digital life

spending more time than usual in their room

withdrawal from or lack of interest in family members, friends, and activities

avoiding school or group gatherings

slipping grades and "acting out" in anger at home

changes in mood, behavior, sleep, or appetite

suddenly wanting to stop using the computer or device

being nervous or jumpy when getting a message, text, or email

avoiding discussions about computer or phone activities

How Can Parents Help?

If your child is being cyberbullied

Offer comfort and support. Talking about any bullying experiences you had in your childhood might help your child feel less alone.

Let your child know that it's not their fault. Bullying says more about the bully than the victim. Praise your child for doing the right thing by talking to you about it. Remind your child you're in this together. Reassure your child that you'll figure out what to do.

Notify the school. Tell the principal, school nurse, or a counselor or teacher about the situation. Many schools, school districts, and after-school clubs have rules for responding to cyberbullying. These vary by district and state. But before reporting the problem, let your child know that you plan to do so, so that you can work out a plan that makes you both feel comfortable.

Encourage your child not to respond to cyberbullying. Doing so just makes the situation worse.

Keep records. Keep screen shots of the threatening messages, pictures, and texts. These can be used as evidence with the bully's parents, school, employer, or even the police.

Get help. If your child agrees, meeting with a therapist may help work through feelings. A counselor or mediator at school may work with your child alone or together with the bully.

Other things that may prevent future cyberbullying:

Block the bully. Most devices have settings that let you electronically block emails, messages, or texts from specific people.

Limit access to technology. Although it is hurtful, many kids who are bullied can't resist the temptation to check websites or phones to see if there are new messages. Keep the computer in a public place in the house and put limits on the use of cellphones and games. You might be able to turn off text messaging services during certain hours, and most websites, apps, and smartphones include parental control options that give parents access to their kids' messages and online life.

Consider monitoring your child's social media use. Programs and apps are available that can monitor kids' social media accounts and alert parents to any inappropriate language or photos. Some can give detailed reports of a child's browsing history and tell a parent how much time they spent online and on each site. Consider your child's age and digital behavior when deciding whether to monitor devices. Then, if you choose to monitor, talk to them about it and explain why it's important.

Know what sites your child uses. This is your chance to encourage kids and teens to teach you about something they know well - technology! This shows your child that you are interested in how they spend their time online, while helping you understand how to best monitor their online safety.

Be part of your kids' online world. Ask to "friend" or "follow" your child on social media sites, but do not abuse this privilege by commenting or posting anything to your child's profile. Check their postings and the sites kids visit, and be aware of how they spend their time online.

Put it in writing. Write smartphone and social media contracts for your kids that you're willing to enforce.

What Else Should I Know?

What if it's your kid who's behaving badly? While that can be upsetting, it's important to deal with the problem and not expect it to go away. No matter what's causing the bullying, tell your child that it's unacceptable. Set and enforce consequences if it continues. If needed, talk with teachers, guidance counselors, and others who might be able to help.

As always, be a role model for your kids. Help them understand the benefits and dangers of the digital world. If you don't get upset and use angry words in your own posts and replies, they're less likely to. Talk about healthy ways to respond - or not - when you disagree with others.

You can learn more about how to stop bullying at Stopbullying.gov.

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Cyberbullying is the use of technology to harass, threaten, embarrass or target another person. Here are some suggestions on what to do if online bullying has become part of your child's life.

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Pro's and Con's of Cell Phones in the Classroom

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Pro's and Con's of Cell Phones in the Classroom

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Some might argue that there a great reasons why cell phones are needed within the classroom. Yes, we do live in a world of digital resources, which is why Chromebooks, iPads and/or laptops will suffice to attain those same digital resources.

Mauer, E. D. (2019, October 18). Cell phones in school: Let's talk about the pros and cons. Retrieved from https://www.care.com/c/should-cellphones-be-allowed-in-school.

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There's no doubt that more and more kids are getting cell phones. According to a 2018 study by Pew Research, 95% of teens already owned or had access to a smartphone. And a 2017 Nielsen poll found that about 45% of kids who have phones got them between the ages of 10 and 12.

"My daughter just turned 10 and started middle school this year, which meant more independence and being on the bus with older kids," says Jené L., a mom in Rotterdam, New York. "We wanted her to have a way to access us if she needed to."

Many families rely on cell phones to keep schedules organized, do online research, communicate with each other and create peace of mind. After all, when kids have cell phones, parents or emergency services are a simple call or text away. But with all the positives of cell phones come negatives, too, including how much they can distract kids and that they may give unfettered access to questionable content on the internet. Many people find themselves wondering where to draw the line when it comes to how and where kids are allowed to use their phones. One of the biggest questions is: Should cell phones be allowed in schools?

There's a case to be made both for and against having cell phones at schools. Here are the pros and cons, according to parents and experts.

Cell phones in school: The pros

Several reasons why cell phones should be allowed in school:
Increased sense of safety
Many parents just feel safer knowing their child can reach them if they're sick, if they have to stay after school or if there's an emergency.

Kate M., a mom in Marshfield, Massachusetts, says she gave her son a phone in sixth grade, when he started staying after school four days a week to play sports. The phone isn't just a convenience; it gives her peace of mind.

"You never know what situations can arise," she says. "And sometimes kids make questionable choices and end up where they shouldn't be. With my son's cell phone, I can track his location or he can call me if he is unexpectedly stranded."
Learning benefits
While in the past, cell phones in schools were mostly considered a distraction, today they can actually play a role in teaching and learning.

"Phones can be a great tool for the classroom - for research, taking polls, assessing progress and more - especially for middle and high school," says Ria Schmidt, Ph.D., education consultant for Schmidt Education in Round Rock, Texas.

There's no denying there are tons of learning apps on the market today. Some teachers also utilize apps like Socrative, where they can engage students, give quizzes, ask for student feedback and more.
Potential value
Jelterow Mckinnie Jr., an educator and author of " Diary of a Teacher " points out that the use of cell phones in school has the potential to save schools and/or families money.

"Many [learning materials] may be searched and downloaded from the internet," says Mckinnie. "Students are able to submit their work electronically and could decrease the cost for parents of having to purchase so many school supplies."

A smartphone can not only replace paper and pen but sometimes a textbook and a computer printer (and pricey ink) since it can download and store information and documents. Plus, it may even be a good substitute for some calculators or tablets, says Mckinnie.

In fact, in a 2015 study by Pearson, 58% of students said they'd used a smartphone to complete schoolwork.
Prep for the future
We're willing to bet that the future holds lots of opportunities for careers in tech, which means learning smart ways to use technology could potentially set kids up for success.

"If the ultimate goal is to produce a person capable of being marketable in the future marketplace, then students need to be exposed to various ways to use technology to help them learn and complete their tasks," says Mckinnie.
Opportunity to create good practices
A case could be made that instead of banning cell phones, schools should be teaching kids how to use them responsibly both in the classroom and socially.

"Cell phone bans demonstrate a dereliction of the school's duty to equip students to participate thoughtfully and responsibly in modern society," says Martin Moran, director of the Bennett Day Upper School in Chicago. "Given the power of technology and the ways in which it can be weaponized to spread disinformation, a school must not only allow cell phones in classes but also create a dedicated curriculum that helps students develop responsible use of these devices."

Cell phones in school: The cons

Still, some parents and educators think cell phones should be put aside while kids focus on their classes. Here are a few reasons why:
Potential for distraction
"Our kids, the digital natives, are already more distracted than ever before, and because the brain was not meant to multitask, this makes it even more important that the phones stay at home or at the very least in the locker," says Tere Linzey, Ph.D., an educational psychologist and founder of BrainMatterZ. "Retention depends on the ability to 'attend' to the subject at hand."
Social skills
Linzey also points out that cell phones can take away from kids' in-person socializing.

"Employers and teachers mention to me all the time about the lack of social skills in [many] young people today," she says. "The simple things like saying hello, introductions, being polite, manners and people skills are lacking today. In business they call it 'soft skills,' but students don't have them if they are constantly behind a screen. What you practice is what your brain hardwires! Phones allow students to stay distracted without having human contact or conversations. If they don't practice conversations, communication skills and social etiquette, then they do not acquire them - hence no 'soft skills.'"
Mental health risks
"What we know now, after over 10 years of personal devices in the hands of children ... is that they are becoming less educated, more anxious and chronically depressed," says Lisa Strohman, J.D., Ph.D., a clinical psychologist and founder of Digital Citizen Academy.

It's not so much about school policy, she says, but rather that more time in front of a screen could be bad for kids' mental health.

Researchers have seen a dramatic increase in rates of depression (52% rise), psychological distress and suicidal thoughts and behaviors among teens have increased dramatically over the last decade, and many experts connect that rise with the rise of cell phones and digital media.

A 2018 study found that teens who used screens seven or more hours per day were more than twice as likely to have been diagnosed with depression than teens who only used them for an hour per day.

School hours could provide a large chunk of the day that they get a break from screens, which might have a positive impact on mental health.
Burden on teachers
Enforcing cell phone rules adds one more task to a teacher's long to-do list. If kids are allowed phones in their classrooms, they may be tempted to use them to text their friends or cheat by looking up answers on the internet, creating a stressful situation.

"The amount of time and escalation that results from a teacher trying to take a phone from a student can derail a whole class," says Janet Ferone, president of Ferone Educational Consulting.
Cyberbullying
In a 2017 report, 14% of school students said they'd been cyberbullied in the previous year. And while in-person bullying is much more common, getting harassed over text or social media can follow kids wherever they go.

"Remember passing notes in school in eighth grade? Now they text," says Jeanette D., a middle school teacher. "Remember when someone said something unflattering in school? Now it is shared schoolwide. Remember when the bus dropped you off at home and you could get a break from the drama? Now it is in your pocket 24/7."

Middle ground and limits

Most parents, teachers and experts we spoke to don't want to ban cell phones from school completely, but many have concerns about how they should be used that's developmentally appropriate, offers balance to kids' lives and allows them to learn and think in healthy ways.

"'For me, the question isn't 'should cell phones be allowed in schools?' but rather, 'how can schools manage the inevitability of cell phones in schools?'" says Ferone.

And thankfully, there are a few ways both schools and parents can find a middle ground:
Waiting for readiness
The American Academy of Pediatrics (AAP) says there's no "right age" to give a child a cell phone and stress that it's important parents understand the pros and cons of cell phone use before they decide to do so. However, an organization called Wait Until 8th asks parents to pledge to wait until eighth grade to give their kids cell phones for a host of reasons including their addictive nature, ability to distract and tendency to interfere with sleep. But it's largely a family decision that may depend on many factors, including a child's maturity level and specific family situations, suggests media and tech resource Common Sense.
No-frills 'phones'
For parents not ready to give their kids an iPhone or Android, there are other options that can allow your child to communicate with you when they need to. For example, instead of a smartphone, Jené sends her daughter to school with a Gizmo watch, which allows a child to call parents and send text messages but not have access to the internet or apps.

Anna A., a mom in Winnetka, Illinois, gives her third-grader a Relay, which is a screen-free mobile phone that operates similarly to a walkie-talkie. This gives her peace of mind when her daughter walks and bikes to school with friends.
Schoolwide rules
Many schools set specific rules for when and where kids are able to use their cell phones.

"One solution has been that phones need to be kept out of sight and on silent, unless the teacher specifies that the phone can be used as part of the lesson for research and only when a sign stating 'Electronics in Use for Learning' is posted, so administrators walking by see that a teacher is not disregarding the rule," says Ferone.
Classroom-specific rules
Teachers may have rules for their own classrooms that work for their teaching style and subject matter.

"In a classroom I was in recently, the teacher had a spot where students placed their phones when they came in," says Schmidt. "When there was an opportunity to use them, they retrieved them. It worked really well."

Carrie Piegza, an eighth grade science teacher in Las Vegas, has a unique policy that she says works for her.

"I personally allow cell phones for use as calculators, timers and music players [in my classroom]," says Carrie. "If they are caught doing anything else, the phone gets confiscated. Quite a few teachers disagree with my music use, but I find it helps many of them focus better when working on individual assignments."

Parent regulation: The AAP recommends parents set rules and limits to kids' cell phone use, so they're balancing screen time with other activities and because cell phone use can interfere with sleep. Finding the right rules and boundaries may vary from family to family, but it's good to be clear and find ways to enforce the rules if they're broken.

"I have it set that most apps on my son's phone are not accessible after 9 p.m. and before 7 a.m.," says Kate. "And I have to physically input the password for new apps. I do occasionally take away phone privileges by changing the password. He can still accept incoming calls and make an emergency call, if necessary."

The consensus

In the end, it's likely that the answer to the debate is finding the right balance and for parents and teachers to keep a close watch on how and when kids are using their phones. Adding instruction on how to use cell phones safely and properly is a great idea, too.

As Moran suggests, "Schools must pair a policy by which students are allowed to use their cell phones with a dedicated curricular program that teaches them not only all the benefits of mobile technology, but also how to avoid the myriad dangers that come with an unexamined digital existence."

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Cell phones in school: Let's talk about the pros and cons

# data[].attributes.attachment_link.description
There's no doubt that more and more kids are getting cell phones. According to a 2018 study by Pew Research, 95% of teens already owned or had access to a smartphone. And a 2017 Nielsen poll found that about 45% of kids who have phones got them between the ages of 10 and 12.

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- Counselors, be prepared with a plan to address bullying, and how students can alert an adult whether it is themselves or someone being bullied. Students struggle telling an adult because they feel the bullying will get worse if they are seen as a "snitch."

- Being proactive can help tremendously. Social Emotional Learning (SEL) strategies with all students on how to express their feelings, struggles, and reflection times can allow growth within the bullied and the bully. More often than not, the bully was once bullied, and wants to trade roles to avoid that pain.

- Social media can have a positive and negative impact on our youth. I personally have seen how orchestrated fear within a large portion of the eighth graders of my campus. Cyberbullying can not be tolerated, so documentation needs to noted and parents be addressed immediately. Most parents do not recognize when their child is being bullying because their child does not to tell on the person, so the damage goes unnoticed.

- Address all cyberbulling and be prepared for a restorative chat, so that minor issues can hopefully not fester into a larger issue.

- Be transparent with those that bully. Sometimes seeing how their actions can affect a person can make an impact, short-term and long-term abuse.

- Once bullying is address, set goals with the students. Set two minor and one major goal. What is something they want to strive to do better for themselves and learn from the situation. Sometimes ignorance can be the case. One cannot do better, if they don't know better.