Lawmakers Mull Anti-Bullying Bill

In January 2026, about a year after a ten-year-old child and alleged bullying victim committed suicide, Sen. Bill Stanley (R-Roanoke County) introduced Autumn’s Bill on the floor of the State Senate.

According to Autumn’s family, the bullying began when she started the year at Mountain View Elementary School in the fall of 2024. The family reported these incidents, and “they said they had handled it, and that was about as far as it went. But, as far as we know, what we were told—at least by our daughter—was that it kept happening,” her father said. “This is an age where they have tablets and they have phones, so it’s happening around the clock. They can’t really escape.”

They said they talked with Autumn about how to manage the bullying. Mark said he even spoke with parents directly to address the situation. However, Autumn asked her parents not to tell the school about the ongoing bullying she was experiencing.

“She said, ‘No, mom, please don’t do that. You’re just going to make it worse,’ her mother recalled of her conversation with Autumn.

“She was scared to upset anybody,” her father added. “I think she was mostly scared that the other kids would hear that she had, you know, told an adult. And therefore, the counselor or maybe the principal would get more involved. And if action’s not taken, then it’s really just ammo for the bully to continue.”

The proposed Senate Bill 265 makes “aggravated bullying” and “aggravated cyberbullying” a Class 1 misdemeanor

Unconstitutionally Vague Criminal Laws

Bullying and stalking laws, though well-intentioned, usually have constitutional vagueness issues. In SB 265, a Loudon criminal defense lawyer could successfully challenge several aspects of the definitions in this bill.

For example, “aggravated bullying” is defined as intentional conduct that, among other possibilities, disturbs the peace or provokes a violent act.

Intentional conduct is non-accidental conduct. The conduct need not be malicious. Furthermore, raising one’s voice disturbs the peace and almost any physical act could constitute “assault.”

Another section in the law mirrors the hate crime law. Aggravated bullying could be conduct “intentionally directed at the victim on the basis of the victim’s real or perceived race, ethnicity, national origin, religion, age, sex, gender, sexual orientation, disability, medical condition, mental health condition, or appearance.” If Juan raises his voice to Maria when he comments on her clothes, if Maria is subjectively offended, Juan may have committed a Class 1 misdemeanor.

Still another section of the law purportedly limits conduct to anything that “has the effect of interfering with the victim’s ability to attend, engage in, or benefit from educational, extracurricular, or other opportunities provided by an elementary or secondary school.” If Martha has a case of the Mondays after she got in a fight with Sammy, then Sammy could be charged with aggravated bullying, at least in some cases.

Constitutionally, a law must specify the unlawful conduct, so a Leesburg criminal defense lawyer can mount an effective defense.

Resolving Misdemeanor Cases in Loudon County

A few final words about resolving criminal cases in juvenile court, which is where an aggravated bullying or aggravated cyberbullying case would probably be filed.

Adult criminal courts often emphasize punishment over rehabilitation. Juvenile courts often take the opposite approach. These judges often stress rehabilitation over punishment. Usually, this rehabilitation isn’t limited to the defendant. In most cases, the court orders caregivers to complete parenting classes and jump through other hoops.

If a defendant, and a defendant’s family, complies with these conditions before the judge orders them to do so, the court often looks favorably on the case. In other words, a lawyer must be proactive during the plea bargaining process.

Connect With a Diligent Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. We routinely handle matters throughout Northern Virginia.

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