Communication online, such as on social media sites or through messaging apps, can get contentious and produce conflict. But how far is too far, to the point of committing a crime?
In Florida, digital threats count as crimes under certain circumstances. When you face these types of accusations, a Wellington written and electronic threats Lawyer can help you understand the charges and defend yourself. Our experienced criminal Attorneys at Leifert & Leifert can work on your Defense and fight for your rights.
Understanding Criminal Threats in Florida
There are two general types of written threats under state law: extortion and threats to do violence. Both kinds are crimes that can be charged as Felonies and punished as such.
Extortion
Threats to extort someone, as defined by Florida Statutes § 836.05, include both verbal and written communication. Extortion can include making a threat with the purpose of extorting money, gaining some advantage, or forcing an action from the person threatened or from another. Extortion includes threatening to accuse someone of a crime, threatening to injure a person, their property, or their reputation, or threatening to expose a secret or disgrace, including deformity or lack of chastity.
Violent Threats Online
More common and prevalent in the modern day, however, are online violent threats. As detailed by §836.10, these threats include any “electronic record” created or shared online that threatens to kill or do bodily harm to another person or to conduct a mass shooting or terrorist act. The definition of an electronic record takes in any digital combination of “text, graphics, video, audio, or pictorial” that can be received or distributed electronically.
Social media posts, texts, pictures, and videos can all be considered threats under §836.10. And the statute specifically criminalizes the sending or posting of such a threatening electronic record, as well as procuring it from another, for people to view.
You can imagine seeing a meme or other graphic online and sharing it on your profile or messaging it to someone else. But that very action could be a crime if what you send or share threatens the violence prohibited by the statute. Having the insight of a Wellington Attorney can help you know if your written or electronic activity falls within the statute and can be punished as Criminal.
Criminal Penalties for Electronic Threats
Whether an electronic threat is meant to extort or to threaten the violence described here, it is punishable as a Felony. Both §836.05 and §836.10 define threats as second-degree felonies, though extortion by a foreign agent turns into a first-degree felony.
Second-degree Felonies in the State are punishable by lengthy prison sentences and hefty fines. As laid out by §775.082, prison time can go up to 15 years, and fines under §775.083 can reach $10,000. Prior felony convictions can also turn you into a habitual offender, leading to enhanced penalties of up to 30 years in prison for a second-degree felony.
With these serious penalties, you should take care in how you interact online. You do not even have to mean to harm another person if the threat itself is serious enough and fits in the statute’s definition of a threat. To protect yourself from prosecution and to fight back against criminal charges, you need the expertise of a Lawyer in Wellington who is familiar with threats, both online and written.
Discuss Threat Charges with a Wellington Attorney Today
The explosion of social media has raised the stakes of using online platforms and interacting with other people. With Florida’s statutes criminalizing electronic threats broadly, you need to be aware of what you post, message, and share on the internet.
When you have been charged with making a threat online, speak with a Wellington written and electronic threats Lawyer as soon as possible. Our Attorneys at Leifert & Leifert have criminal defense experience and will fight for the best possible result in your case. Call today for a free initial consultation with our professionals.
