Is Threatening Someone Online a Criminal Charge?
This article discusses the following:
- What Criminal Charges Could You Face For Posting Threatening Online Posts on Social Media?
- Do First Amendment Rights Protect Free Speech On the Internet?
- What is Considered an Online Threat?
- Can Posting Threats Online Be a Felony Offense?
- Can Posting Threats Online Be a Federal Offense?
- What are the Potential Penalties for Threatening Someone Online?
- Contact a Criminal Defense Attorney from Kolsrud Law For a Case Evaluation
In today's digital age, illegal activities such as communicating online threats can lead to significant legal consequences.
If you're accused or charged with a crime for making threatening statements online, both state and federal laws can come into play.
At Kolsrud Law, our law firm is experienced in defending individuals facing these serious charges. Law enforcement and the prosecution often treat digital threats with the same gravity as in-person threats, and being a defendant in such cases can result in arrest and potential conviction. Whether it's through social media, email, or other platforms, threatening communications can lead to criminal charges.
What Criminal Charges Could You Face For Posting Threatening Online Posts on Social Media?
Posting threatening messages on social media can lead to various criminal charges in Arizona, depending on the nature and severity of the threat.
Arizona law classifies certain online behaviors, including threats, as criminal offenses that can result in legal consequences.
Here are the possible criminal charges you could face:
- Threatening or Intimidating (ARS § 13-1202): Under this statute, threatening to cause physical harm or damage to someone's property can lead to a misdemeanor or felony charge. If the threat is made online and involves violence or serious injury, the charge could escalate, especially if a weapon or gang involvement is implied.
- Harassment (ARS § 13-2921): Harassment charges can apply if you repeatedly send threatening or offensive messages online, with the intent to annoy, terrify, or intimidate the recipient. This includes excessive texting, emails, or social media posts designed to disturb another person’s peace of mind.
- Stalking (ARS § 13-2923): Online stalking occurs when someone uses social media or digital communications to repeatedly threaten, harass, or monitor a person, causing them fear. Stalking is generally charged as a felony, especially if it involves credible threats of harm.
- Disorderly Conduct (ARS § 13-2904): If the online threat disturbs public peace or causes alarm, disorderly conduct charges may be filed. This statute covers behavior that incites others or disrupts peace through offensive language or threats of violence made online.
Depending on the circumstances of the threat and the individual's criminal history, these charges can carry penalties ranging from fines and probation to lengthy prison sentences.
Do First Amendment Rights Protect Free Speech On the Internet?
The First Amendment of the United States Constitution guarantees freedom of speech, but it does not offer an absolute right to say anything without consequences. This principle applies to online communications just as it does in the physical world.
In Arizona, the courts have held that speech that involves credible threats of violence is not protected by the First Amendment.
Arizona Revised Statutes (ARS) § 13-2921 defines harassment, which can include threatening communications made electronically. In these cases, the communication's intent and potential to incite harm are critical in determining whether the speech is legally protected.
Thus, while free speech is a fundamental right, there are limitations when that speech involves making threats against others online.
What is Considered an Online Threat?
An online threat is typically defined as a communication that conveys an intention to inflict harm or violence on another person.
Under ARS § 13-1202, threatening or intimidating someone, including through electronic means, is considered a crime in Arizona.
To constitute a criminal threat, the communication must be specific, directed at an individual or group, and involve a reasonable belief that the threat could be carried out.
Here are some examples of what could be considered an online threat:
- Direct messages or posts stating, "I’m going to kill you" or "You’ll regret this when I find you."
- Sending repeated emails or social media messages threatening physical harm.
- Posting someone’s private information online with a message encouraging others to harm or harass them (also known as doxxing).
- Threatening to damage someone’s property through a post, email, or other digital communication.
- Posting a video or image online that implies violence toward someone, such as displaying weapons and making direct threats.
- Creating or sharing memes, posts, or videos that suggest violence toward a specific person or group in a serious manner.
Courts will look at whether a reasonable person would interpret the statement as a serious expression of intent to cause harm. Even if the individual claims they were "just joking," credible threats are taken seriously under Arizona law.
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Can Posting Threats Online Be a Felony Offense?
Yes, posting threats online can be charged as a felony offense in Arizona under certain circumstances. While some online threats may result in misdemeanor charges, the severity of the offense escalates when specific factors are involved.
Here are the key factors that can elevate an online threat to a felony offense:
- Use of Weapons: If the threat involves a weapon, or if there is a suggestion of violence involving firearms or other dangerous objects, the charge can escalate from a misdemeanor to a felony. For example, threatening someone online while brandishing a weapon or mentioning an intent to use it can lead to more severe consequences under ARS § 13-1202.
- Gang Involvement: Threats made in connection with gang activity, or intended to promote gang-related violence, are treated as more serious offenses in Arizona. This can elevate an online threat to a felony, even if the communication was made via social media or other online platforms.
- Targeting Vulnerable Individuals: If the threat is directed at a vulnerable group, such as children, elderly individuals, or public officials, the offense may be considered more egregious.
- For instance, posting threats online targeting schools or specific public figures may result in felony charges due to the potential risk posed to public safety.
- Credibility and Intent: A threat that is specific, credible, and demonstrates a clear intent to cause harm can be prosecuted as a felony. Arizona courts will assess whether a reasonable person would perceive the threat as likely to be carried out, which can influence whether the charge is elevated.
In Arizona, a felony conviction for making online threats can lead to severe penalties, including prison time, significant fines, and a permanent criminal record. The consequences are even more serious if the threat leads to actual harm or if it is part of a larger pattern of harassment or intimidation.
Can Posting Threats Online Be a Federal Offense?
Yes, posting threats online can be prosecuted as a federal offense under certain circumstances. While many online threats fall under state jurisdiction, the federal government can intervene when the threat crosses state lines or involves specific federal protections.
Under federal law, using the internet or other electronic means to threaten violence or harm can lead to severe penalties.
Here are a few key factors that could elevate an online threat to a federal offense:
- Interstate Communication of Threats: If the online threat is sent across state lines—such as through social media platforms, emails, or messaging apps—the crime may fall under federal jurisdiction. The federal statute 18 U.S.C. § 875 makes it illegal to transmit any communication containing threats to kidnap or injure someone, with penalties including imprisonment for up to five years.
- Threats Against Federal Officials or Institutions: Posting threats directed at federal officials (such as judges, politicians, or law enforcement) or institutions (such as federal courthouses or government buildings) can result in federal charges. Federal law provides additional protections for these individuals and entities, and violations can lead to harsh penalties.
- Cyberterrorism: Online threats aimed at creating widespread fear, particularly those involving critical infrastructure, national security, or acts of terrorism, can be prosecuted under federal law as acts of cyberterrorism. These types of threats are taken extremely seriously by federal authorities and can result in lengthy prison sentences.
The potential penalties for federal offenses involving online threats are often more severe than state-level charges, and a conviction can result in substantial prison time, large fines, and a permanent criminal record.
What are the Potential Penalties for Threatening Someone Online?
The penalties for threatening someone online in Arizona can range from misdemeanors to serious felony charges, depending on the nature of the threat, the intent behind it, and any aggravating factors present. Arizona law classifies both threatening and harassment as criminal offenses, but the severity of charges and penalties can vary based on the circumstances.
Here’s a breakdown of the potential penalties:
▶ Misdemeanor Charges for Online Threats
If the threat is not deemed to involve significant harm or aggravating factors, it may be charged as a misdemeanor under ARS § 13-1202 for threatening or intimidating. Misdemeanor penalties include:
- Class 1 Misdemeanor: Punishable by up to six months in jail, a maximum fine of $2,500, and up to three years of probation.
- Example: A vague or non-credible threat that does not imply immediate danger but causes distress could fall under a Class 1 misdemeanor.
▶ Felony Charges for Online Threats
Online threats can escalate to felony charges when they meet certain criteria, such as credible threats of violence, use of weapons, or targeting vulnerable groups.
- Class 6 Felony: This is the least severe felony and can result in one to two years in prison, depending on the defendant’s prior criminal history. It may also be eligible for probation.
- Example: A first-time offense where the threat involves violence, but no immediate follow-through, may be classified as a Class 6 felony.
- Class 5 Felony: More severe than Class 6, a Class 5 felony carries a potential prison sentence of nine months to 2.5 years, depending on the circumstances.
- Example: Threats involving a weapon or explicit mentions of violence with the intent to intimidate could result in a Class 5 felony.
- Class 3 Felony: The most severe charge related to threatening or intimidating online, a Class 3 felony can result in 2.5 to 7 years in prison, particularly in cases involving gangs, weapons, or vulnerable individuals.
- Example: Threats directed at a specific person or group, involving imminent danger or the use of a weapon, would likely lead to a Class 3 felony.
▶ Harassment vs. Threatening
It’s important to distinguish between harassment and threatening, as both can involve online communication, but they are prosecuted differently under Arizona law.
- Harassment (ARS § 13-2921): Involves repeated or continuous online actions that are meant to annoy, alarm, or intimidate another person without necessarily making a direct threat of violence. Harassment can include sending excessive unwanted messages or emails and posting inflammatory comments designed to harass the victim.
- Class 1 Misdemeanor: For standard harassment offenses.
- Class 5 Felony: If the victim is under 15 years old or if the harassment includes a credible threat of serious injury or death.
- Threatening or Intimidating (ARS § 13-1202): Specifically involves direct statements or actions that convey an intention to cause physical harm or injury to another person. The threat must be credible and specific, causing the victim to reasonably fear for their safety.
- Class 1 Misdemeanor: For non-credible or less severe threats.
- Class 6 to Class 3 Felonies: For threats involving violence, weapons, or targeting specific groups.
Charge Type | Description | Example |
---|---|---|
Harassment (Class 1 Misdemeanor) | Involves repeated online actions meant to annoy, alarm, or intimidate without necessarily making a direct threat of violence. | Sending excessive unwanted messages or inflammatory comments designed to harass the victim. |
Harassment (Class 5 Felony) | If the victim is under 15 years old or if the harassment includes a credible threat of serious injury or death. | Repeated online harassment aimed at a minor with threats of injury. |
Threatening (Class 1 Misdemeanor) | Non-credible or less severe threats where immediate harm is not implied. | An angry post that causes concern but lacks specific details or credibility. |
Threatening (Class 6 to Class 3 Felonies) | More serious threats involving violence, weapons, or targeted groups can range from Class 6 to Class 3 felonies. | Credible threats of violence or harm against a person or group, especially when involving weapons. |
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