Cyberbullying in North Carolina is illegal under a combination of criminal statutes, civil remedies, and recent legislative amendments enacted through 2026. The state treats persistent, threatening, or harassing digital communications as a punishable offense, especially when they target minors or result in severe emotional distress. Both the General Statutes and the “Safe Schools Act” provide tools for prosecutors and schools to intervene, and recent updates expand jurisdiction to include newer platforms and AI‑generated content.
Statutory Basis
North Carolina’s primary criminal provision is § 14‑101 (b), which defines criminal harassment and includes electronic communications that “threaten or coerce.” The law was amended in 2024 to expressly reference social‑media messages, text messages, and direct‑message apps. Additionally, § 14‑215.5 addresses cyberstalking, criminalizing repeated electronic contact that causes fear. These statutes create the backbone for prosecuting cyberbullying behavior.
Criminal vs Civil Remedies
When conduct rises to the level of criminal harassment or cyberstalking, the state can file felony or misdemeanor charges, depending on factors such as the victim’s age and the severity of threats. Victims may also pursue civil actions for intentional infliction of emotional distress under § 52‑2, allowing recovery of damages and injunctive relief to stop ongoing harassment. The dual pathway ensures that even non‑criminal conduct can be addressed through the courts.
Definition and Scope
North Carolina defines cyberbullying as “the use of electronic communication to harass, intimidate, or humiliate a person repeatedly over time.” The definition covers text messages, emails, social‑media posts, memes, and even deep‑fake videos. The law specifically protects K‑12 students, but recent amendments extend protection to any individual who experiences substantial emotional injury, regardless of age.
Recent Legislative Updates (2025‑2026)
In 2025 the General Assembly passed House Bill 652, adding “AI‑generated content” to the list of prohibited communications and imposing higher penalties for offenses involving minors. In 2026 Senate Bill 189 created a mandatory reporting protocol for school staff, requiring schools to notify law enforcement within 24 hours when cyberbullying reaches the criminal threshold. These updates reflect the legislature’s response to evolving technology and the growing prevalence of online abuse.
Enforcement and Penalties
Penalties vary by offense level. A misdemeanor under § 14‑101 (b) carries up to 60 days in jail and a $1,000 fine, while a felony under § 14‑215.5 can result in up to 2 years imprisonment and a $10,000 fine. Civil judgments may award compensatory damages, punitive damages, and court‑ordered restraining orders. Schools also face administrative sanctions if they fail to comply with reporting requirements.
What conduct qualifies as cyberbullying under North Carolina law?
Conduct that involves repeated electronic messages—texts, emails, social‑media posts, or AI‑generated content—intended to harass, threaten, or humiliate a person and causes substantial emotional distress qualifies as cyberbullying.
Can a parent sue a bully’s parent for cyberbullying?
Yes. Under the civil cause of action for intentional infliction of emotional distress, a parent may sue the bully’s parent for negligence or failure to supervise, seeking damages and injunctive relief.
Does the law apply to adults, or only to students?
Originally focused on K‑12 students, recent amendments extend protection to any individual who suffers severe emotional injury, regardless of age.
How does the mandatory reporting rule affect schools?
School personnel must report alleged cyberbullying that meets the criminal threshold to law enforcement within 24 hours. Failure to do so can result in state sanctions and loss of funding.
What are the penalties for creating deep‑fake bullying content?
Creating or distributing AI‑generated deep‑fake material that harasses or threatens a person is treated as a felony under the 2025 amendment, carrying up to 2 years in prison and a $10,000 fine.