Threats Made Over Instagram Often Lead to Criminal Charges
Laws that prohibit the making of criminal or “terroristic” threats have been on the books in California for some time. With new technology, these laws have been applied to threats made on social media in recent years.
Following a number of high profile school shootings, police have begun to crack down on threats made on Instagram against students and schools. You may think that threats made over online forms such as Instagram are not taken seriously. “It’s harmless,” you may say. But a few recent examples show that even threats made on social media could lead to criminal charges.1
Online Threats and Social Media (PC 422)
Under California Penal Code Section 422, if you communicate a threat to another person that involves great bodily harm or death, you could be charged with making a “criminal threat” (sometimes called a terroristic threat).2 The threat itself does not have to be made in person, and includes threats made over social media.
In fact, the number of arrests made based on threats carried out over Instagram is increasing. In February, a Placentia student was charged with making criminal threats after posting comments about bringing guns to school and shooting staff members.3 The student now could be removed from his home as a result of his actions in addition to facing criminal charges.
In late 2015, A San Joaquin High School student was charged with making criminal threats after he posted threatening lyrics on his Instagram account.4 Earlier in 2015, a Carlsbad student was arrested after using Instagram to threaten her high school, and in 2014, a teen in Santa Clarita was arrested after warning that there would be a “huge” school shooting soon.5 6
The Potential Penalties of a Criminal Threats Conviction
Whether these teens were serious in making these threats or not, they face serious criminal charges. In California, making criminal threats is a “wobbler,” meaning you could be charged with a misdemeanor or a felony if you violate this law based on your prior criminal record and the particular circumstances of your case.
If convicted of a misdemeanor, you face up to 364 days in county jail. If convicted of a felony, you face up to three years in state prison. A felony conviction will also count as a “strike” on your record and you will likely lose your right to carry a firearm.
Call the Criminal Defense Attorneys at Wallin & Klarich Today
If you have been arrested for making criminal threats, you need to contact a skilled criminal defense attorney right away. There are a number of valid arguments that can be made on your behalf to defend you against the charges. Hiring a skilled defense attorney is the first step. At Wallin & Klarich, we have been successfully defending our clients against charges of making criminal threats for over 40 years. We can help you, too.
With offices in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, an experienced Wallin & Klarich attorney can help you no matter your location.
Call us at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will be there when you call.
1 http://www.nbclosangeles.com/news/local/Authorities-Investigate-Instagram-Photos-Threatening-a-Huge-School-Shooting-in-Santa-Clarita-Valley-271588461.html href=”#ref1″>↩
2 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=422-422.4 href=”#ref2″>↩
3 http://www.signalscv.com/section/36/article/148480/ href=”#ref3″>↩
4 http://www.fresnobee.com/news/local/crime/article33204753.html href=”#ref4″>↩
5 http://www.reuters.com/article/us-usa-education-california-idUSKBN0KH00V20150108 href=”#ref5″>↩
6 Id. href=”#ref6″>↩
