A hot topic in today’s charged political environment, particularly as it relates to cyberbullying and school shootings, are the number of threats made on social media. Bullying, and online bullying in particular, have become such an issue that First Lady Melania Trump recently announced that her first major initiative as First Lady would be her “Be Best” campaign to combat cyberbullying. She will instead be seeking to foster positivity on social media and cut down on the amount of cyberbullying and negativity that occurs among teenagers and youth on social media.
This is all a recognition that threats are not uncommon on social media. Often, the teenagers making a threat towards another student or retweeting a threatening message may simply think what they are doing is just a joke. However, what many people may not realize is that making certain types of threats is against the law in Florida. Florida’s law on making threats has been on the books since 1913, long before social media was around. However, it is becoming ever more relevant in the wake of recent school shootings and bomb threats. In response to the shooting at Marjory Stoneman Douglas High School in Parkland, Florida, legislators tightened the law as it relates to making threats to include additional language making it a criminal offense to threaten a mass shooting or terrorist act. Law enforcement, both state and federal, is also stepping up their activity in monitoring threats made on social media. This is all the more reason it is important to have a frank discussion with your children about the responsible use of social media, including not making threats towards others.
Florida Law Regarding Death Threats or Threats to Do Bodily Harm
What many parents may not realize is that making threats on social media or re-posting such material can constitute a criminal act. This is particularly true given the recent changes made to broaden Florida law governing threats made to another person. The operative law, Section 836.10, Florida Statutes, provides that anyone who writes a letter or sends an electronic communication, whether doing so anonymously or not, that contains a threat to (i) kill another person, (ii) cause bodily injury to another person, (iii) commit a mass shooting, or (iv) commit a terrorist act can be charged with a second-degree felony. As a second-degree felony, any person convicted of a violation of this statute can be charged with up to fifteen years in prison, fifteen years of probation, and a $10,000 fine.
Remind Your Children to Use Social Media Responsibly
Children who have posted threats, even as a joke, on social media or have shared those posts from others are now regularly being investigated by the Palm Beach Sheriff’s Office or other local law enforcement and the FBI. Although your children may not realize the seriousness of what they are doing by sharing a social media post that threatens another person, they are potentially committing a criminal act. From your son’s or daughter’s perspective, the message may simply have been a joke that was never intended to scare anyone. However, children and their parents often find themselves with an unwelcome surprise as to how seriously these types of actions are taken by law enforcement officers and the school officials. Therefore, given today’s climate, it is important to have a discussion with your children to emphasize responsible behavior in social media which includes choosing not to share or repost social media posts or messages from others that express threatening behavior. The recent changes to Section 836.10 and the increased monitoring of social media by local, state and federal authorities for such threatening messages makes this important for your children to understand.
Contact Experienced West Palm Beach Criminal Defense Attorney Bryan Raymond if Your Child is Being Investigated for or Charged with Making Online Threats in Palm Beach County, Florida
Experienced West Palm Beach defense attorney Bryan M. Raymond of the Law Office of Bryan Raymond has experience representing juvenile defendants who are being investigated for, have been arrested for, or are charged with a wide variety of crimes in Palm Beach County. This includes violations of Florida’s laws against making threats to others. If your child has inadvertently posted a social media message that could violate the law, you have received word that state or federal officials may be investigating, and you need an experienced criminal defense attorney to help you navigate what can be an intimidating and confusing process, contact experienced criminal defense attorney Bryan Raymond today at (561) 682-1115 or [email protected].
Copyright: rawpixel / 123RF Stock Photo
