From Keyboard to Courtroom: Criminal Consequences of Online Threats in California

2 Tropical Gals ♦ September 18, 2024 ♦ Leave a comment

In California, making threats online is a serious offense that can lead to criminal charges under various state laws. The rise of digital communication platforms has expanded the avenues through which threats can be communicated, and California law has adapted to address these challenges. Below is an overview of the legal landscape surrounding online threats in California.

Relevant California Laws

Criminal Threats (Penal Code § 422)

• Definition: It is illegal to willfully threaten to commit a crime that will result in death or great bodily injury to another person. The threat can be made verbally, in writing, or electronically (including online).
• Elements:
  • The threat was unequivocal, unconditional, immediate, and specific.
  • It conveyed a gravity of purpose and an immediate prospect of execution.
  • It caused the person threatened to be in sustained fear for their safety or the safety of their immediate family.
• Penalties:
  • Can be charged as either a misdemeanor or a felony (“wobbler” offense).
  • Misdemeanor: Up to 1 year in county jail.
  • Felony: 16 months to 3 years in state prison.
  • Additional penalties if a deadly weapon was used.

Cyberstalking (Penal Code § 646.9)

• Definition: Repeatedly harassing or threatening someone through electronic communication devices, including the internet.
• Elements:
  • Willful, malicious, and repeated following or harassing.
  • A credible threat intended to place the victim in reasonable fear for their safety or the safety of their immediate family.
• Penalties:
  • Misdemeanor: Up to 1 year in county jail.
  • Felony: 2 to 5 years in state prison.
  • Enhanced penalties for prior convictions or violating restraining orders.

Electronic Harassment (Penal Code § 653.2)

• Definition: Using electronic communication to instill fear or harass someone, including sending harmful information about a person with the intent to cause others to harass them.
• Penalties:
  • Misdemeanor offense.
  • Up to 1 year in county jail and/or fines up to $1,000.

Extortion via Threatening Letters (Penal Code §§ 519-523)

• Definition: Sending threatening communications to extort money or property.
• Penalties:
  • Felony offense.
  • 2 to 4 years in state prison.

Key Considerations

• Intent: The prosecution must often prove that the defendant intended their words to be perceived as a threat.
• Recipient’s Perception: The threat must be such that a reasonable person would feel threatened.
• Specificity and Immediacy: Vague or ambiguous statements may not meet the legal threshold for a criminal threat.

Legal Defenses

• Lack of Intent: Arguing that there was no intention to cause fear.
• Free Speech: Claiming the statements are protected under the First Amendment.
• No Immediate Threat: The threat lacked immediacy or specificity.
• False Accusation: The accusation is unfounded or fabricated.

Reporting and Investigation

• Law Enforcement Involvement: Victims should report online threats to local law enforcement agencies.
• Evidence Preservation: It’s crucial to save all communications, screenshots, and any relevant digital evidence.
• Collaboration with Cybercrime Units: Specialized units may be involved to trace anonymous threats or gather electronic evidence.

Impact of Technology

• Anonymity Challenges: Perpetrators may use anonymous accounts, but law enforcement can often track IP addresses and work with internet service providers.
• Social Media Platforms: Many platforms have policies against harassment and can suspend or delete offending accounts.

Preventive Measures

• Restraining Orders: Victims can seek restraining orders to legally prohibit contact.
• Privacy Settings: Adjusting online privacy settings to limit exposure.
• Awareness and Education: Understanding the laws and potential consequences can deter individuals from making threats online.

Recent Developments

• Enhanced Legislation: California continues to update laws to address cyberbullying and online harassment.
• Case Law: Court rulings further define the scope and interpretation of what constitutes an online threat.

Online threats are taken seriously in California and can lead to significant legal consequences, including imprisonment and fines. Don’t face these challenges alone. With LegalShield, you can access experienced attorneys who can guide you through the complexities of the legal system. Protect yourself and your loved ones—fill out the contact form below to learn how LegalShield can provide you with the legal support you need.

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Disclaimer: Please note that I am an independent representative of LegalShield. The views expressed in this blog are my own and do not necessarily reflect the official policy or position of LegalShield. This content is for informational purposes only and should not be considered legal advice. LegalShield provides access to legal services offered by a network of provider law firms to LegalShield members. For legal assistance, please contact a licensed attorney.

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