Cyberbullying Laws in New York: Can They Protect Our Children?

Understanding cyberbullying laws in New York is the first step for any parent whose child is being targeted online. New York protects children mainly through the Dignity for All Students Act (DASA). This law requires every public and private school to investigate and address cyberbullying, even when the conduct starts off-campus. New York has no single criminal cyberbullying law. But parents can still bring civil claims for damages against the bully's parents, a school, or other responsible parties when serious harm occurs.

So cyberbullying is not one crime with one fix. It is handled through a patchwork of school law, existing criminal statutes, and civil claims. The protection a family can actually use depends on knowing which framework fits their situation. Below, we explain what New York law covers, what it cannot do, and the steps parents can take when a child is harmed online.

At The Orlow Firm, we have spent more than 40 years representing injured people and families across Queens and New York City. That includes cases where a child was seriously hurt because an institution failed to keep them safe. That experience shapes how we handle these difficult, fast-moving situations.

What Counts as Cyberbullying — and Who It Affects

Cyberbullying usually means the torment, threats, harassment, humiliation, or embarrassment of a minor by another minor. The conduct happens through the internet, digital technology, or mobile devices. When an adult is the one doing the targeting, the conduct usually crosses into different legal territory, such as cyber harassment or cyberstalking. Those carry their own statutes and penalties.

It happens across nearly every platform young people use. That includes social media apps like Instagram, TikTok, and Snapchat, private group chats, text messages, online gaming, and forums. So much of a child's social life now lives on a screen. The harm can spread within minutes and follow a child home long after the school day ends.

The scale of the problem is large. According to the Cyberbullying Research Center, approximately 58 percent of U.S. students ages 13 to 17 reported experiencing cyberbullying in their lifetime as of 2025, up from roughly 34 percent in 2016, and about 33 percent reported it in the past 30 days.

The most common forms are not always dramatic, but they wear a child down. They include mean or hurtful comments, being left out of group chats on purpose, rumors spread online, and humiliating content shared without consent. When the targeting is based on a child's race, religion, sexual orientation, gender, or disability, it can also lead to far more serious criminal charges. We return to that point below.

New York's School Framework — The Dignity for All Students Act

For most families, the first legal protection they meet is the Dignity for All Students Act, known as DASA. It is the law aimed most directly at bullying in schools. Knowing what it does and does not do is essential.

DASA was signed in 2010 and took effect July 1, 2012. A 2012 amendment, effective July 1, 2013, expressly added cyberbullying to the law's definition of harassment and bullying. It first applied to public schools. As of October 2025, the new Jack Reid Law extended DASA-equivalent protections to private schools as well.

Under DASA, schools are required to:

• Adopt written policies that prohibit discrimination, harassment, and bullying, including cyberbullying
• Designate a DASA Coordinator at every school
• Provide an easy, accessible way for students and parents to report incidents
• Investigate every report promptly and act on the findings
• Provide age-appropriate instruction in digital citizenship and respectful conduct

One of the most important features of DASA is its reach beyond school grounds. The law covers off-campus behavior when it "creates or would foreseeably create a risk of substantial disruption within the school environment." Put simply, home-based cyberbullying or a barrage of weekend text messages can fall under DASA if it disrupts the school day. (NY State Education Department — DASA)

Here is the key limit parents need to understand: DASA does not give parents a direct right to sue. It is a school-compliance law, not a litigation tool. There is no private right of action under DASA for money damages. If a school ignores its DASA duties, a parent's recourse under the statute is to file a complaint with the New York State Education Department. You cannot sue under DASA itself. That distinction matters, and it is one of the most common misunderstandings we see.

The Jack Reid Law (2025): Private Schools Now Covered

For years, families at private and nonpublic schools faced a gap. DASA's rules applied to public schools, and many private schools had no comparable anti-bullying requirement. That changed in October 2025.

Governor Hochul signed the Jack Reid Law on October 23, 2025, effective immediately. It is named after a student who was bullied at a private school that had no required anti-bullying policy. The law brings DASA-like duties to private schools across New York.

Under the Jack Reid Law, private schools must adopt written anti-bullying policies and distribute them every year. They must train staff under set reporting deadlines: an oral report within one school day and a written report within two. They must also investigate incidents. Like DASA, the law reaches cyberbullying that starts at home or in weekend messaging when it disrupts the school.

For private-school families, this closes a real gap. A parent whose child is targeted at a nonpublic school now has a formal framework that requires the school to respond. They no longer have to rely on the school's goodwill.

Criminal Law: What the Cyberbullying Laws in New York Do and Don't Cover

Parents often ask whether cyberbullying is "a crime." The honest answer is that it depends on what the conduct is. New York has no single criminal cyberbullying law.

The reason traces back to People v. Marquan M., a 2014 decision. New York's highest court, the Court of Appeals, struck down an Albany County cyberbullying ordinance. The court found it too broad under the First Amendment because it swept in too much protected speech. That ruling invalidated one local ordinance. It did not erase all of New York's tools for addressing harmful online conduct.

When cyberbullying does rise to criminal conduct, prosecutors use existing laws rather than a dedicated cyberbullying statute. Depending on the facts, those can include:

• Aggravated Harassment in the Second Degree (Penal Law § 240.30), which covers electronic messages meant to harass, annoy, threaten, or alarm
• Harassment in the Second Degree (Penal Law § 240.26), which can apply to a course of electronic harassment
• Stalking statutes, for repeated, targeted conduct meant to instill fear
• Hate crime charges, when the targeting is based on race, religion, sexual orientation, gender, or disability, which can make the charges much more serious
• Invasion of privacy offenses, for recording or sharing intimate images without consent

The Tyler Clementi case in 2010 shows how hate-based targeting can raise the stakes. Clementi, an 18-year-old Rutgers University student, died by suicide after his roommate used a webcam to spy on a private encounter and shared it. The roommate, Dharun Ravi, was charged with invasion of privacy and bias intimidation, a hate-crime charge far more serious than invasion of privacy alone.

As a practical matter, criminal charges are reserved for serious, repeated, or threatening conduct. Most cyberbullying, painful as it is, does not reach that level. That is exactly why the civil and school-law frameworks matter so much.

Civil Legal Options: Suing for Damages Under New York Cyberbullying Laws

This is where parents most often have real, usable rights. It is also where our work as personal injury attorneys is most relevant. A civil case has a lower burden of proof than a criminal case. It uses a "preponderance of the evidence" standard. A criminal case requires proof "beyond a reasonable doubt." So a family can sometimes pursue a civil claim even when prosecutors decline to bring criminal charges or fail to win them.

Who can be held responsible depends on the facts, but typical defendants include:

• The cyberbully's parents. New York law can hold parents financially responsible for a minor child's willful misconduct. This applies when they knew, or should have known, of the child's aggressive behavior and failed to supervise.
• The school. A school that knew about the bullying and failed to act may face claims such as negligent supervision and failure to provide a safe environment. (Negligence means a failure to use reasonable care.)
• Other responsible adults or third parties. Coaches, program supervisors, or others who had a duty to protect a child may share responsibility when they ignore it.

The claims that can apply to cyberbullying include:

• Intentional infliction of emotional distress, for conduct that is extreme and outrageous
• Defamation, for false statements of fact published to others, which fits many online harassment cases
• Civil harassment claims
• Invasion of privacy, for sharing private images or recordings without consent
• Wrongful death, in the most tragic cases where cyberbullying contributes to a child's suicide

That last category deserves a careful word. These are devastating cases, and they turn heavily on the specific facts. We raise wrongful death here not to suggest that litigation can replace grief, or that such outcomes are common. We raise it because families who have lived through the worst deserve to know a legal path may exist. Anyone facing that situation should speak with an attorney as soon as possible.

Across all of these claims, one thing tends to decide whether a civil personal injury case is viable: documented serious harm. As a general rule, bullying cases are hard to win unless the child has suffered serious physical injury or documented psychological trauma. Therapy records, a clinical diagnosis, and a clear treatment history can make a case much stronger. Preserving evidence matters just as much. Save screenshots, timestamps, usernames, and messages before the bully deletes the content.

In one matter our firm handled, a New York City high school student was slashed in the face, leaving a permanent scar. He recovered $250,000 after the school failed to protect a minor in its care. It is a different fact pattern from a cyberbullying case, but it reflects the same principle. When an institution ignores its duty to keep a child safe and serious harm follows, the law may provide a remedy. Prior results do not guarantee a similar outcome.

What Parents Should Do Right Now

If your child is being cyberbullied, a clear sequence of steps protects both your child and any future legal claim:

1. Document everything right away. Take screenshots of all messages, posts, and usernames, with visible dates and times, before anything is deleted. Save copies in more than one place, such as a second device and cloud storage.
2. Report to the school. Invoke DASA, or the Jack Reid Law at a private school. Ask for written confirmation of your report and a clear timeline for the school's investigation.
3. Report to the platform. Every major social media and gaming platform has a way to report and remove content. Use it, and keep records of what you submitted.
4. Contact law enforcement when the conduct involves threats, hate-based targeting, sexual content, or repeated stalking-type behavior.
5. Get a mental health evaluation. This helps your child and creates a record of the psychological impact that can matter in any future claim.
6. Consult a personal injury attorney, especially when your child has suffered documented serious harm. A consultation costs nothing and clarifies which legal options actually fit your situation.

Frequently Asked Questions About Cyberbullying Laws in New York

Is cyberbullying a crime in New York?

There is no single criminal law called "cyberbullying" in New York. An attempt to create one at the county level was struck down on First Amendment grounds in People v. Marquan M. (2014). But conduct that crosses the line can be prosecuted under existing laws, including aggravated harassment, stalking, hate crime, and invasion of privacy statutes, depending on the facts.

Can I sue the school if my child was cyberbullied in New York?

Possibly, but not under DASA itself, which has no private right of action. A claim against a school usually rests on negligence: for example, that the school knew about the cyberbullying and failed to act despite its legal duties. Whether a suit is viable depends heavily on what the school knew, what it did, and the harm your child suffered.

Can I sue the bully's parents?

In some cases, yes. New York law can hold parents financially responsible for their minor child's willful misconduct. This applies when they knew about the child's aggressive behavior and failed to supervise. Whether it fits turns on what the parents knew and the specific facts.

What if the cyberbullying happened at a private school?

As of October 2025, the Jack Reid Law extends DASA-like duties to private schools in New York. Private schools must now keep written anti-bullying policies, train staff under set reporting deadlines, and investigate incidents. That includes cyberbullying that starts off-campus and disrupts the school.

What if my child is targeted because of race, religion, or sexual orientation?

Targeting based on a protected trait such as race, religion, sexual orientation, gender, or disability can lead to hate crime charges. Those are far more serious than the underlying offense alone. It may also strengthen the case for school or institutional responsibility. Preserve any evidence that shows the biased nature of the conduct.

How do I know if my child's case is strong enough to pursue?

Three factors matter most. First, documented serious harm: physical injury or diagnosed psychological trauma. Second, preserved evidence of the bullying. Third, a responsible party who had a duty to act and failed. Because every situation is different, the best way to assess a possible claim is to speak directly with a personal injury attorney.

Sources & Official Resources

New York Laws Cited

1. New York Penal Law § 240.30 — Aggravated Harassment in the Second Degree
2. New York Penal Law § 240.26 — Harassment in the Second Degree

School Law & Policy

3. New York State Education Department — Dignity for All Students Act (DASA)
4. Governor Hochul Signs Jack Reid Law — Official Press Release

Statistics

5. Cyberbullying Research Center — 2025 Cyberbullying Data

Helpful Resources

6. New York State Education Department — File a DASA Complaint
7. NYSenate.gov — Jack Reid Law Signing Coverage

Contact The Orlow Firm

If your child has suffered serious harm from cyberbullying, and you believe a school, a parent, or another party may be legally responsible, understanding your options is an important first step. The Orlow Firm has protected injured people and families throughout Queens and New York City for more than 40 years. Our attorneys, including former Queens County Bar Association President Adam Orlow, handle these matters with the care they require.

Call (646) 647-3398 for a free consultation. We work on contingency, so you pay nothing unless we recover for you.

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This article provides general information and is not legal advice. Every case is different. Contact an attorney to discuss your specific situation.