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.
Fall Camping Safety Tips in California
The fall is a great time to go camping in California. Not only is the weather a little cooler, but the bugs aren’t as bad either. Another advantage is that since school is in session, there are usually fewer kids at the local campsites which means the campgrounds and trails are a little quieter.
There are a few things you need to keep in mind when it comes to safety and fall camping.
The first is that you have to be mindful of the weather. The biggest drawback to camping in the fall rather than the summer is that the weather changes faster and those changes can be more extreme. This is especially true if you’re going into the mountains. Not only will you want to watch the weather reports, but you’ll also want to pack some additional clothing that you can change into if the temperature suddenly drops.
Always let someone know where you are going, even if you are just going on a one-night hike/camping trip on your own. No matter how careful you are, there is a chance you’ll be hurt. Knowing when you’re supposed to be back and your last location drastically improves the chances of a quick rescue. The quicker the rescue, the better the odds of making a full recovery.
Keep your phone charged. Yes, you might crave solitude and escape, but that doesn’t mean you should leave your phone home. Before leaving make sure it’s fully charged so that you can use it if you get into trouble. While you want to keep your phone close at hand during the entire camping trip, you don’t have to keep it turned on if you don’t want to deal with texts and calls the entire time you’re camping. Feel free to turn it off and keep it in your pocket.
Be mindful of fire safety the entire time you’re camping. Fall wildfires are a serious concern in California. You don’t want to be the cause of one. Always have plenty of water on hand, create a fire ring, and keep the campfire as small as possible. Douse your fire before you leave the camp and make sure the ashes are cold and that there are no remaining embers that could start a wildfire.
Be realistic about your ability. Stick to trails that you are physically suited for and don’t push yourself too hard, especially if you’re on your own. Don’t take any chances that could end with you getting hurt or overwhelmed by exhaustion. If you’ve never gone camping before, bring an experienced camper with you so they can teach you how to camp properly.
The more mindful you are about safety, the more you’ll enjoy your fall camping adventure in California.
California Public Intoxication Laws
MMany people assume that as long as they don’t get behind the wheel and try driving home they don’t have to worry about how much they drink when they go out. While the decision to never drive after you’ve been drinking is always wise, that doesn’t mean you can get a plastered as you want. There is always a chance that your night of heavy drinking at the bar could result in you getting arrested for public intoxication in California.
The good news is that if you simply have one too many while you’re at the bar, you probably don’t have too much to worry about. California lawmakers have made it obvious that the only time legal concerns and public intoxication combine is when you’re so heavily under the influence of drugs or alcohol that you’re unable to keep yourself and others safe.
For example, if you’re so drunk that you aren’t aware of traffic and start walking down the middle of the road, you’ll be arrested and charged with public intoxication. The same is true if you get so drunk while you’re at the bar that your normal mild-mannered nature abandons you and you start making threats or behaving in a lewd manner.
Public intoxication in California is a misdemeanor. If you’re convicted, the maximum sentence is six months in jail and/or a $1,000 fine. In many cases, the individual must perform a specified number of community service hours.
The good news about public intoxication is that it won’t impact your driving record. The bad news is that the charge could hurt your future. It’s possible that the charge will make it harder to qualify for scholarships, land your dream job, and be approved for an apartment rental.
The only way you can be charged with public intoxication is if you’re in a public area. That means the best way to avoid the charge is staying home when you decide you want to spend the evening drinking.
Think Before Posting those Vacation Photos
One of the best things about social media sites like Instagram, Facebook, TikTok, and Twitter is the ability to quickly post all of your photos so that your friends and family can admire them.
Those same pictures can also make you an easy and attractive target to anyone who is looking for a home to break into.
The problem with posting vacation pictures on your social media account is that if you’re posting those pictures while you’re still on vacation, you are literally telling any would-be burglar that your house is standing empty. This is especially true if you happen to answer a question about how long you’re going to be gone.
Don’t assume that posting vacation pictures is the only way you can get into trouble. The same is true if you make a comment about waiting for a flight, discuss an out-of-town business trip, or even a routine lunch date. Most importantly, don’t take advantage of the option some social media sites provide allow you to share your precise location with all of your friends and family.
Most people feel comfortable sharing vacation photos on social media accounts because they reason that they are all friends and that their friends would never steal from them. But take a moment to go through your current friend’s list. How many of those people do you really know and how many are people who you’ve simply met a few times at different events or through other friends?
The first thing you should do is change your account settings so that the only people who can see your posts are your friends and family. If you also use social media for a business, then create a separate account for your business and make sure you don’t include any of your travel plans on it.
The next thing you need to do is refrain from sharing information about vacation plans, weekend getaways, and more on social media. When it comes to posting the pictures, wait until you get home. When you do decide it’s time to post those holiday snaps, make it very clear that you’re already home and that life has returned to normal.
Don’t assume that just because you’re not actively posting your vacation photos while you’re away from home that you don’t have to worry. Make it very clear to anyone you’re traveling with that you don’t want to be tagged in any of their vacation photos.
3 Signs That Your Child is being Victimized by a Bully
Many of the kids who are returning to school this fall haven’t attended an actual school since March 2020. While this return is good in terms of reconnecting on a social level and regaining some normalcy, it also means that once again, parents are worried about bullies.
A single bully can do an enormous amount of damage to a child. They hit the child’s self-confidence takes can haunt your child for the rest of their life. In addition to psychological trauma, parents also worry about bullying and physical abuse.
Most kids don’t report bullying problems to their parents. Catching the early warning signs and putting together a plan of action takes a great deal of diligence, observation, and communication.
Pay Attention to Your Child’s Appearance Both Before and After School
The first sign that a child is being bullied is often changes to their clothing and overall appearance at the start of the school day versus the end. Yes, kids trade clothing and jewelry. Yes, kids rip, tear, and stain their clothing via innocent actions. However, if your child is consistently coming home looking bedraggled, or is hiding torn clothing, or constantly has items of clothing missing, it could indicate that your child has attracted a bully.
Look for Bruises, Cuts, and Scrapes
Active kids do get banged up while playing, but kids who are being bullied will often also be covered in cuts and bruises which is why you should ask how your child was injured. Not only should you pay attention to how they received the injury, but also to how they tell you about it. If the bruise was sustained while playing sports, your child will likely have an entire adventure regarding the wound. However, if they are quiet about the injury or try to hide it, it could indicate a bullying problem.
Changes in Personality
Kids’ personalities are in a constant state of flux. They go through stages of intense joy, irritation, and resistance. Sometimes these changes happen at a rapid-fire pace. What isn’t normal is for a happy, bubbly kid who likes school to go through a prolonged period of depression where they no longer want to socialize. It’s also unusual for your child to suddenly lose all interest in activities and friends that they have always loved in the past. Sudden and long-term changes often indicate a bullying problem.
If you notice signs that your child’s return to school has resulted in them being bullied, you’ll want to take a proactive stance before the situation leaves your child emotionally or physically scarred.
California Ear Bud Laws
Earbuds are awesome. They provide you with a way to tune out all the noise connected to the world and lose yourself in music, white noise, audiobooks, and podcasts. The earbuds fit snugly into your ear so that you don’t have to worry about anyone being disturbed by what you’re listening to.
What you might not know is that California does have some earbud laws that could impact you.
Cars and Earbuds
The first is you aren’t allowed to drive with earbuds in your ears. Not even if you’re using them to use your cell phone. The reason driving with earbuds in both of your ears is strictly prohibited in California is because lawmakers believe that the noise-canceling features of earbuds make it difficult to identify and react to outside stimuli that could prevent you from getting into an accident. It’s also possible that having the sound pumped directly into your ears, rather than coming from your radio speakers serves as a distraction.
There is some wiggle room. The law reads that you can’t restrict both ears, but doesn’t say anything about having an earbud in a single ear.
It’s worth noting that even if you don’t have anything pumping through the earbuds, you still can’t drive with two earbuds.
If you are caught driving while wearing earbuds, the experience will cost you. The traffic violation will cost $160 plus court costs, plus any other violations the traffic officer is able to cite you with.
California Bikes and Earbuds
Don’t assume that just because you’re on a bike, you can get away with wearing earbuds. The same law that applies to drivers also applies to bikers. You can have an earbud in one ear, but not in both. If you’re caught with both ears covered, you will be ticketed.
The Legal Ins and Outs of Street Racing in California
Street racing is fun. It’s exciting. It might even seem like a good idea. It’s also the type of fun that can land you in a great deal of legal trouble.
California lawmakers believe that street racing is reckless and dangerous behavior which is why they’ve created strict laws. The hope is that the laws are enough to convince you to give street racing a pass and look for a different, legal way, to get your kicks.
It’s important to understand that California lawmakers are cracking down on all types of street racing. You aren’t allowed to drag race, drift, or engage in a straight-up speed race while you’re on a public road. If you want to race, find a private racetrack.
At this point, street racing is a misdemeanor in California. Don’t assume that just because it’s a misdemeanor that you’ll get away with a reprimand.
The potential consequences of first-time offense for street racing in California include:
- 40 hours of required community service
- Losing your driver’s license for between 90 days and 6 months
- Serving between 1 day and 90 days in county jail
- A fine that ranges from $355-$1000
- Potentially having your vehicle impounded for 30 days (which means 30 days of impound fees)
You probably already guess, the consequences are worse after the first time you’re convicted of street racing in California.
If less than 5 years have passed since your first street racing conviction, the consequences can include:
- A mandatory 6-month suspension of your driver’s license
- Serving 4 days to 6 months in the county jail
- Paying fines that could range from $500-$1000
- High impound fees
Many street racers are caught because someone is hurt during the race which means medical personal and police arrive on the scene. Not only do the injuries bring law enforcement, but the injury also means significantly worse consequences to everyone who was busted on the street racing scene.
Street racers who are caught in a race that resulted in minor injuries can be sentenced to 30 days up to 6 months, have their license suspended, be required to do a significant amount of community services, and be issued fines of $500 to $1,000.
When a person is seriously injured as a result of a street race in California, you could be sentenced to 16 months to 3 years in jail, lose your driving privileges for a long time, and be required to pay as much as $10,000 in fines. It’s also likely that you’ll be named as the defendant in a civil lawsuit.
If someone passes away because of injuries sustained in a street race, you could be charged with vehicular manslaughter.
Additional charges that are frequently added to the street racing charges include:
- Reckless endangerment
- Reckless driving
- Evading the police
- Speeding
- Failure to yield
When you consider the potential consequences of street racing, it really is in your best interest to take the time to find a private race track where you can legally race to your heart’s content.
Tips for Kids Going Back to School
The threat of your young child disappearing when they go back to school is far greater than you imagine. According to Child Find of America, approximately 2,300 children are abducted every single day in the United States. The National Center of Exploited and Missing Children reported that in 2020, an estimated 1 in 6 missing children were victims of sex trafficking.
Stranger danger and abduction prevention lessons are something you and your children should always be working on. With the start of school just around the corner, now is the time to sit down with your child and review everything they know about stranger danger and staying safe.
While you’re shopping for school supplies, use this time with your child to review the rules you should already have in place regarding accepting rides from strangers.
The rules your child should already be familiar with include:
- Never get into a stranger’s vehicle
- Always staying several feet away from a stranger’s vehicle
- Knowing that if a person makes them feel even the slightest bit uncomfortable, that they should immediately seek out the assistance of a trusted adult
Abductors usually don’t bother with children who are traveling in packs, which is why it’s important to teach your child that they should always have a friend or two with them wherever they go. The more friends they have with them while walking home from school, playing in the back, and riding bikes, the safer they will be.
Now is the perfect time to teach your child how to be aware of their surroundings. This is something you should do by example. Put your phone in your pocket and actively survey your surroundings when you walk to and from buildings. Teach your child to notices is strange people are hanging around places like the playground. Teach them to be particularly aware if they notice that the same person shows up in multiple locations your child is at and to let you know about this person.
Make it very clear that it doesn’t matter if a stranger has candy, is saying they are lost/hurt, or has kittens/puppies to play with that your child is not to approach them. That their best course of action is leaving the immediate area and finding a trusted, familiar adult.
Teach your child to scream. If the worse does happen and a stranger approaches your child, the screams will cause the adult to quickly decide that your child isn’t worth the effort and they will flee the scene.
Don’t assume that just because your child is older that you no longer have to worry about abductions. According to the Missouri Child Identification and Protection Program, 81% of abducted minors were 12 years old or older.
Getting Into Trouble for Vandalism in California
California lawmakers have little patience for vandalism. The exact law dealing with the issue is Penal Code 594 PC which defines vandalism.
“Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism:
- Defaces with graffiti or other inscribed material.
- Damages.
- Destroys.
Whenever a person violates this subdivision with respect to real property, vehicles, signs, fixtures, furnishings, or property belonging to any public entity, as defined by Section 811.2 of the Government Code, or the federal government, it shall be a permissive inference that the person neither owned the property nor had the permission of the owner to deface, damage, or destroy the property.”
Most people assume that vandalism is a deliberate act, such as spraying graffiti on the side of a commercial building, and in some situations, that’s certainly true. However, there have been many instances where vandalism has been added to other charges. In many of these situations, people had no intention of committing an act of vandalism and don’t even realize they have until their defense lawyer explains the list of charges that have been filed against them. An example of this is being charged for vandalism because you broke a window during a fight.
Even doing something as seemingly innocent as leaving a handprint in some wet cement can be considered an act of vandalism.
Don’t assume that a vandalism charge isn’t something you don’t have to take seriously. Yes, it’s a misdemeanor but a guilty conviction could result in you spending some time in jail. If you’re convicted of felony vandalism, the long-term impact the single incident has on your life could be huge.
Vandalism in California is a wobbler offense, meaning that it can be a misdemeanor or a felony. The only thing that determines which way the charge wobbles is the monetary amount to the damage. Don’t assume that you would have to do a lot of damage to be charged with felony vandalism. If your act of vandalism results in $400 or more worth of damage, you’ll be charged with a felony. Considering today’s cost, that’s not much vandalism.
If you’re convicted of misdemeanor vandalism, you could be sentenced to a full year in jail and asked to pay a $1,000 fine. In many cases, the judge will also order restitution. It’s common for community service and probation to be a part of the sentencing.
A guilt conviction for felony vandalism could end in a sentence that includes up to three years in prison and a $10,000 fine.
The reason the penalties connected to vandalism are so severe is that state lawmakers want people to stop and think about their actions beforehand. Throwing a few eggs at your neighbor’s house when you’re upset about them blocking your driveway might seem like a good idea until you realize that doing so could result in you being sent to prison.
When it comes to acts of vandalism you should always stop and think if the moment of satisfaction will be worth the potential fallout if you’re caught and convicted.
Should You Open Your Door When Someone Knocks?
There is a knock on your door. You stand beside the door for several seconds torn between the urge to open it and find out who is on the other side and a genuine concern that opening the door could jeopardize your safety.
Knocks in the Middle of the Night
The general rule of thumb is that if a stranger knocks on your door in the middle of the night, you shouldn’t let them in. Even if the person says that they are in trouble, keep your door locked. That does not mean you have to walk away from the situation. You can continue to speak to the individual through your locked door and you can also call for help.
The reason you should not open your door to a stranger in the middle of the night is that claiming to need help is an old con that thieves use to gain access to a home. Many people who were acting as Good Samaritans have been injured or killed after letting an allegedly injured person into their home.
Kids and Door Knocks
If you have children in your home, teach them that they should never open the door, no matter who claims to be knocking on it. Kids have a trusting nature and are excited to find out who is knocking on the door. This can lead to all sorts of trouble. Advise your child to inquire about the name of the person on the other side of the door and then to alert the responsible adult who is in the home.
If someone you know is coming to your home, ask them to use their cell phone and call you when they reach your home rather than knocking on your door and temping your child to open the door.
Use a Door Bell Camera
It’s a good idea to get a doorbell camera. These are great inventions. Even better than peepholes because you can view the footage on your smartphone, well away from the front door. Not only does the doorbell camera allow you to see exactly who is on the other side of the door, but it turns out to be a threatening or suspicious individual, you can show the footage to the police.
When it comes to people knocking on your door, especially people you don’t know, it pays to be cautious.