Can You Face Criminal Charges for Threatening Someone Online?

In the digital age, social media has revolutionized the way we communicate, allowing individuals to connect, share, and express themselves around the globe. However, the widespread use of social media platforms has also given rise to new challenges and legal issues, especially when it comes to criminal offenses. This is particularly true in cases when individuals use social media to make threats of violence or create an environment of fear.

Digital expressions of hostility can cause distress and fear to recipients. When online behavior escalates into threats or actions that jeopardize the safety and well-being of others, legal consequences can follow. Today, courts must determine when an online statement crosses the line from protected speech to criminal behavior.

Is an online threat a form of assault in Texas?

Potentially.

Texas law states that a person can be charged with assault if he or she “intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse.” Traditionally, this is assumed to mean that the accused was somewhere in proximity of the person who is threatened, though the law does not explicitly state that this must be the case. As such, if two people get into an argument online and one threatens to hurt or kill the other one, the person who makes the threat could potentially face assault charges.

Texas also considers “terroristic threat,” the act of threatening to “commit any offense involving violence to any person or property,” a form of assault. Again, there is nothing in the law that says this threat must be communicated in person.

Here in Texas, you can be arrested for assault without laying a hand on anyone. This is called Assault by Threat, and is committed when someone “intentionally or knowingly threatens another with imminent bodily injury.” Under the language of the law, you do not even have to be in the same room as a person to be charged with assault by threat, so it’s possible you could face assault charges for your online posts.

Both of these assault offenses are misdemeanors, though they could rise to felony status if the alleged victim is a judge or peace officer, or a member of the family as defined under Sec. 71.003 of the Texas Family Code.

When online threats rise to the level of stalking

Online harassment is illegal in Texas, but again – it’s generally a misdemeanor. Stalking, however, is a felony crime. A person who repeatedly threatens another person online could face stalking charges*. Under Sec. 42.072 of the Texas Penal Code:

(a)  A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct that:

(1)  constitutes an offense under Section 42.07, or that the actor knows or reasonably should know the other person will regard as threatening:

(A)  bodily injury or death for the other person;

(B)  bodily injury or death for a member of the other person’s family or household or for an individual with whom the other person has a dating relationship; or

(C)  that an offense will be committed against the other person’s property;

(2)  causes the other person, a member of the other person’s family or household, or an individual with whom the other person has a dating relationship to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person’s property, or to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended; and

(3)  would cause a reasonable person to:

(A)  fear bodily injury or death for himself or herself;

(B)  fear bodily injury or death for a member of the person’s family or household or for an individual with whom the person has a dating relationship;

(C)  fear that an offense will be committed against the person’s property; or

(D)  feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended.

This is a third-degree felony in Texas, though it could be charged as a second-degree felony if the accused has been convicted of this crime before or convicted of a similar charge in a different jurisdiction. In other words, a person convicted of federal cyberstalking charges could be charged with a second-degree felony if facing cyberstalking charges here in Texas.

*Note: the words “cyberstalking” do not appear in the Texas Penal Code. However, the previous section of the code – Sec. 42.07 – includes electronic communications, including “electronic mail, instant message… a computer… text message, a social media platform or application, an Internet website, [or] any other Internet-based communication tool.”

Intent matters if you are facing felony charges related to online threats

The intent behind the communication is a critical factor in assessing the impact of online threats. While some online posts may be written as a joke or hyperbole, others may genuinely convey an intent to cause harm or incite violence. In some places, online and social media “battles” have actually led to people’s deaths.

The challenge for law enforcement, and the legal system, is to distinguish between empty rhetoric and credible threats. This requires an understanding of the context, the history of the individuals involved, and the overall tone and content of the communication.

What about my First Amendment rights?

The First Amendment protects freedom of speech, including online expression. However, this protection is not absolute and may be limited when speech crosses the line into incitement, threats, or speech relating to criminal conduct. The goal of the court is to strike a balance between safeguarding free expression and preventing genuine threats that can lead to violence.

A recent Supreme Court case, Billy Raymond Counterman, Petitioner v. Colorado, illustrates this. The question presented in this case was:

Whether to establish that a statement is a “true threat” unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether it is enough to show that an objective “reasonable person” would regard the statement as a threat of violence.

In their decision, the Supreme Court held, “The State must prove in true-threats cases that the defendant had some subjective understanding of his statements’ threatening nature, but the First Amendment requires no more demanding a showing than recklessness.”

This ruling was in response to a case where a man was prosecuted for stalking a singer-songwriter on Facebook. Supporters of the ruling believe the Supreme Court affirms that inadvertent threatening speech will not be tried as a crime. Opponents believe the ruling protects stalkers who believe their behavior is not threatening. As you can see, prosecuting online threats can be extremely complex.

What are the penalties for online threats in Killeen?

Assault by threat is a Class C misdemeanor punishable by a fine of up to $500. There is no jail time. However, this does not mean you should not fight these charges – having an assault on your record can potentially “bump up” subsequent offenses, and you will face stricter penalties and likely jail time if convicted.

If you are convicted of felony assault or felony stalking, the penalties will vary based on the charge.

• A second-degree felony conviction may cause you to be imprisoned between two and 20 years, and/or face fines up to $10,000.
• A third-degree felony conviction may cause you to be imprisoned for up to 10 years, and/or face fines up to $10,000.

It’s important to note that these penalties represent general guidelines and that sentencing will depend on the specific circumstances of each case. Additionally, enhancements or aggravating factors, such as prior criminal history, can further affect the penalties.

And this is only if you are charged with a crime in Texas. You could also face federal charges, depending on the circumstances.

Navigating the legal complexities of charges in Texas requires the expertise of a skilled Killeen criminal defense attorney. At Mary Beth Harrell Criminal Defense and DWI Lawyers, we can analyze the details of your case, assess potential defenses, and work to achieve the best possible outcome, whether that involves negotiation, plea bargaining, or trial representation. To schedule a free case evaluation, call us or fill out our contact form and tell us about your case. We’re based in Killeen and Copperas Cove, and proudly serve Coryell, Bell, Williamson, and McLennan Counties, and Temple, Harker Heights, Waco, and Belton.