Making Social Media Threats in California
Social media has had a strange impact on many people. There is a sense of anonymity and protection associated with the internet that makes us feel comfortable saying things via social media that we would never dream of saying in a real-world situation. The good news is that most of us understand that there are certain things we simply shouldn’t say or do, not even online, and we’re able to get through the day without overstepping any boundaries.
The bad news is that there are some people, even some exceptionally mild-mannered individuals who seem to develop an entirely new personality while they’re online. They don’t just become pushy and/or overbearing as they engage in online battles, but they will actually post some extremely vile threats on their social media accounts or use social media to bully other people.
In some cases, the situation has gotten out of control.
The truth of the matter is that it’s not okay to use any social media sites to post threats or to become dangerously aggressive. The issue of social media violence has gotten so bad that lawmakers and police officers aren’t just taking notice, they’re taking action.
Making social media threats can quickly escalate into cyberbullying. When it does, you could find yourself facing serious charges.
The issue of cyberbullying is dealt with in the California Penal Code 653.2 PC. When you read through the code, you’ll quickly come to realize that you don’t have to actually intend to go through with the threat. The only thing the court system is concerned with is if your victim thinks you intend to mean them harm. If the threat is designed to trigger fear, you could face criminal charges.
At this point, cyberbullying is a misdemeanor, though it’s possible a day could come when it turns into a wobbler offense. It’s also possible that law enforcement will find additional charges they can add to the cyberbullying accusation. If you’re convicted of using social media sites for cyberbullying the maximum sentence is up to a year in a county jail and a $1,000 fine. It’s likely you’ll also be asked to attend anger management classes and maybe have to do some community service.
The next time you’re poised on the brink of making threatening a social media associate, remember how much trouble you could get into, and curb the impulse.
The Legal Ins and Outs of Internet Trolling
The internet, particularly social media sites, provide people with an opportunity to share their opinions on a variety of topics. In many cases, this leads to a lively and thought-provoking debate. At other times, it brings out internet trolls.
What is Internet Trolling
An internet troll is someone who jumps into an online conversation and promptly starts making inflammatory, derogative, and infuriating comments. In most cases, the individual doesn’t want to contribute to the conversation, but simply wants to trigger an emotional response. Sometimes the troll focuses their attention on a particular subject matter. Other times, the troll focuses on a single individual or group. Today, internet trolling is considered malicious and a form of bullying.
Signs that a commenter is an internet troll include:
- They make remarks that have nothing to do with the original topic
- They’re unable to handle actual facts (they’ll either ignore them or cry fake news)
- They have a belligerent tone and make condescending, dismissive remarks
- They make the same comment, over and over again, on multiple posts
Internet trolling isn’t limited to a handful of people. A recent survey revealed that 28% of Americans have perpetrated an internet trolling incident.
How California Views Internet Trolling
From a legal standpoint, internet trolling is complicated. As a rule, behaving like a jerk and irritating people with online comments isn’t a crime. The problem lawmakers face is that on several occasions, internet trolls have crossed a line and become internet bullies. As soon as the line is crossed, the issue becomes a legal matter.
An internet troll will find themselves in hot legal water when they:
- Start posting harmful material along with their comments.
- They actively encourage others to join in the harassment of the original poster/group
- They violate California’s cyberstalking laws
- Instead of just making comments, they move on to sending harassing comments to the original poster via text messages, emails, or phone calls.
- They start making criminal threats
Many internet trolls believe that the First Amendment allows them to say whatever they want. While it’s true that the First Amendment does grant everyone the right to free speech, it’s important to understand that there are limitations to free speech.
Several First Amendment cases have reached the U.S. Supreme Court where the legal groundwork was laid to allow individuals who make obscene and deliberately false statements to be prosecuted by the law. The same is true for comments that are designed to trigger a severely violent or emotional response. While cases that are directly connected to cyberbullying and internet trolling haven’t yet reached the U.S. Supreme Court, many feel it is only a matter of time before the justices hear a case that helps set a legal standard for cyberbullying and trolling.
Early Warning Signs that Your Kid Has Encountered a Cyberbully
Social media is a great thing. Social media sites let you stay in contact with friends and family you wouldn’t otherwise see. You can connect with your community, join groups, play games, and simply shoot the breeze. It’s great.
There is a dark side to social media. The same social media sites you like to visit when you want to unwind create the perfect environment for a cyberbully to launch an attack against your child.
While it might not be possible to prevent your child from using social media sites, you can learn what signs you should watch for that will help you identify if they’re the victim of cyberbullying.
They’re Suddenly Withdrawn
Kids are always changing. They’re prone to mood swings. What they don’t normally do is completely turn their personality inside out. If you’re child has gone from being vivacious and outgoing to suddenly keeping to themselves, it’s highly possible that they’ve encountered a cyberbully.
They Start Behaving Strangely when they Get a Message
Today’s youth love their cellphones. It seems like they’re constantly on the phone. If your child starts looking sick or seems reluctant to check their messages, it could be a sign that they’re getting harassed by a cyberbully. This is especially true if the strange reactions to messages continues longer than a couple of days.
They Won’t Let you See Their Scree
Children, particularly teenagers, are notoriously gun shy about wanting to let their parents see their phone or computer screen. Younger children are different. They want their parents to see everything. If your child seems to be working overtime to make sure you don’t get a glimpse of their screen while they’re on the tablet or phone, it could be time to take action and check for a cyberbully.
Health Problems
A lack of appetite, headaches, constant upset stomachs. All of these things can indicate that you’re child is struggling to figure out how to deal with a cyberbully. Pay attention and see if the periods of bad health seem to worsen just before and after your child is on their phone/tablet/computer.