There are several California laws that you could violate as an internet troll.
In 2017, more of our lives are “lived” online than ever before. Between social media, news websites and other websites, many of us spend a good portion of our days online, chatting with friends, commenting on stories, and exchanging pictures and videos. In an era where it is possible to share quite a bit — often anonymously — it seems that many people are acting more maliciously than they would if they were face to face with another person. In some cases, there are immediate consequences for these actions, such as a person getting fired for their racist, sexist or inflammatory statements. In other cases, their actions may have gone so far that they are actually a crime.
Trolling can be defined in a number of ways, but generally, it refers to the practice of posting inappropriate or inflammatory messages on line to upset or anger other people and to get a response from them. The mere act of trolling — saying something that may upset other people — is not a crime. However, as a criminal defense attorney in San Bernardino, CA can tell you, there are situations where trolling crosses the line from just trying to get a response from a victim to causing actual harm. When trolling becomes harassment, bullying or stalking, then a person may be find himself or herself subject to California criminal charges.
The type of charges will depend on what exactly you are doing, such as sending personal information or threats, communicating obscene messages, or harassing another person. A prosecutor could use four different laws to prosecute online trolls, depending on the facts of the case:
- Posting Harmful Material on the Internet: this crime occurs when a person makes comments that invite or encourage someone else to threaten or harass the subject of the comments. It is also known as indirect electronic or cyber harassment. Doxxing someone can fall under this law. It is a misdemeanor crime.
- Annoying Phone Calls Texts, or Emails: this crime can be charged when you may a phone call or send a text message or email that is obscene or threatening, or make a series of repeated communications with the intent to harass or annoy the person to whom they are directed. It is charged as a misdemeanor.
- Cyber Stalking: California’s stalking law applies to threatening behavior on electronic devices, and prohibits willful and malicious harassment of another person with a credible threat that is intended to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family. It is typically charged as a misdemeanor, but can be charged as a felony in certain circumstances.
- Making Criminal Threats: this law makes it a crime to use electronic methods to put someone in fear by threatening to either kill or physically harm them or a member of their family. It can be charged as a felony or a misdemeanor.
As you can see, it is entirely possible to be charged with a crime for internet trolling if the prosecutor can demonstrate that your actions show an intent to harm another person. An experienced criminal defense attorney in San Bernardino, CA can work with you to show that you did not have such an intent — and that you were merely exercising your First Amendment rights.
If you have been charged with a crime related to your internet activities, you will need a seasoned criminal defense attorney in San Bernardino, CA to represent you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
