Digital missteps leave long-lasting criminal scars for Black students
In this blog post, Tammie Campbell highlights the criminalization of student behavior on social media, particularly in Texas, where impulsive digital actions often lead to severe legal consequences.
Photo: Getty Images
Last month in Austin, I stood in solidarity with the family and a 14-year-old student who was charged with a terroristic threat after making a joke on social media. This student was arrested during the first period without his parents’ knowledge. He was locked up and detained in a juvenile facility for three days.
We at the Honey Brown Hope Foundation guided the student and his family through the unforeseen pitfalls of the criminal justice system. During this emotional and financial burden upon the family, I constantly thought about the countless families without any support.
This story highlights a growing issue facing Texas students – a digital misstep leaving a permanent criminal scar.
Legislation: Is it enough?
In response to the surge of online threats and inappropriate content, the Texas Legislature passed House Bill 18 (HB 18), the Securing Children Online through Parental Empowerment (SCOPE) Act. One requirement of HB 18 is for digital services to give parents access to tools to monitor and control their children’s digital access, a necessary step toward limiting exposure to harmful content.
But while this law aims to empower parents, it does little to address the over-criminalization of students, particularly in marginalized communities.
Across Texas, school shooting threats are increasing. FBI Houston reported thirty-three hoax threats in August 2024, more than any month in the past 3 years. Recently, a 10-year-old in Kerrville, Texas was arrested for a “terroristic threat,” and seven Houston Independent School District students have been similarly charged.
Despite the Texas State Board of Education mandating that districts teach students about cyberbullying and the legal repercussions of online threats, the surge in school threats remains a troubling issue in Texas, and nationwide. The problem is compounded by digital citizenship education not reaching parents and guardians. Without proper guidance, they are left to deal with the emotional, legal, and financial fallout of social media aggressively influencing children.
Punitive vs Teachable Justice
Even if these threats are found to be pranks, students are still arrested, charged with felonies, and subjected to a juvenile justice system that is often more punitive than restorative.
The increasing criminalization of social media behavior in Texas schools puts students at severe risk of becoming part of the school-to-prison pipeline that funnels students out of the school system into the criminal justice system and disproportionately affects marginalized students. When students post threats—whether serious or jokingly —they face harsh punishments, including potential federal charges that carry a maximum of five years in prison.
Consider the inequity: first-time DWI offenders often receive leniency in the form of probation or reduced sentences. Yet first-time student offenders, many of whom may not fully comprehend the consequences of their digital actions, face permanent criminal records. If adults can receive leniency for a crime that puts lives at risk, it is absurd to treat impulsive teenagers more harshly.
Our children are unable to navigate a digital world with undeveloped impulse control. The prefrontal cortex, responsible for decision-making and problem-solving, doesn’t fully develop until the mid-20s, while the emotional, reward-seeking part of the brain, the limbic system, matures much earlier. This imbalance leaves children vulnerable to online addiction, impulsive behavior, and manipulation. Treating children like criminals ignores developmental science and results in a long-term negative impact on their futures.
District attorneys have immense power in these cases. Their discretion determines whether a school-based incident leads to criminal charges. Harris County District Attorney Kim Ogg recently responded to Spring Branch ISD Superintendent who didn’t agree with her office rejecting terroristic threat charges.
“First, please note that the Harris County District Attorney’s Office takes terroristic threats, or any other criminal activity, on or around our schools’ campus very seriously,” Ogg said in a letter to Spring Branch ISD. “We rely on the 86 law enforcement agencies in Harris County to conduct all criminal investigations about school threats, including collection of evidence, witness statements, etc.
“After the law enforcement agency completes its preliminary investigation, an offense report must be completed which outlines the evidence that supports their probable cause that a person has committed a crime. The reasonable grounds to suspect that a particular person has committed a crime are absolutely necessary to justify the legal action of filing a criminal charge.”
When intent is not found, the role of the justice system should be to emphasize rehabilitation over punishment so that we can prevent students from being unnecessarily funneled into the criminal justice system and help them navigate the digital world more responsibly.
Calls to Action
Parents can’t protect their children alone – systematic accountability is needed. It’s time for our nation to unite with parents to protect our children’s well-being online and offline.
- The Education System: Schools must provide mandatory parental training on social media safety, setting digital boundaries, and communicating effectively with children about internet risks. Parents need to be empowered with information before a digital misstep turns into a criminal charge. There also needs to be better tracking of outcomes from the Texas State Board of Education’s mandate that students receive lessons about cyberbullying and the legal repercussions of online threats.
- The Justice System: The system must recognize the difference between impulsive student behavior and true criminal intent. We need diversion programs that treat first-time offenders with the same restorative leniency afforded to other first-time offenders, such as DWI, and focus on teachable justice. Programs like restorative justice would offer viable alternatives, providing education, counseling, and community service to help young offenders learn from their mistakes without ruining their future prospects.
- For Parents: Stay vigilant. HB 18 gives some tools to monitor your child’s online behavior, but it’s up to you to communicate with your child about the consequences of their online actions and advocate for your child’s school district to provide parental social media training.
- For Tech Platforms: Social media and gaming companies must be held accountable. They should be required to fund parental training programs and offer counseling for students facing legal charges due to social media misuse. Tech companies already have the tools to flag inappropriate content—now they must use them to alert parents in real-time, just as banks do for potential fraud.
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