What might have been intended as harmless statements online could be misconstrued as threats or harassment and lead to arrest, and possibly even jail time. Don’t underestimate the possible charges and penalties associated with threatening someone on social media, and call our attorneys if you need help in Utah.
Threatening someone on social media may violate Utah’s law prohibiting electronic communication harassment and lead to a class B misdemeanor charge. Suppose the alleged recipient is a minor, or this is the defendant’s second or subsequent arrest. In that case, the charge elevates to a class A misdemeanor. Defendants might even be charged with felonies for making terroristic threats on social media, even if it was a total hoax. Jail sentences, expensive fines, and reputational consequences are just some of the penalties defendants risk when facing charges for threatening someone on social media.
Call Overson & Bugden at (801) 758-2287 for a free case evaluation from our Salt Lake City, UT criminal defense lawyers.
Does Utah Have Charges for Threatening Someone on Social Media?
Utah prohibits electronic communication harassment under Utah Code § 76-12-202. Upon the first offense against an adult, threatening someone on social media may be charged as a class B misdemeanor.
Using electronic communications with the intent to threaten, abuse, intimidate, harass, or frighten another or disrupt their electronic communications is illegal in Utah. Not only does that prohibit making physical or other threats on social media, but it also makes “cyberstalking” illegal.
Defendants can also be arrested for making repeated contact, even if no conversation takes place. Individuals also face class B misdemeanor charges for repeatedly contacting the recipient electronically after being instructed by the recipient to stop.
Threatening to inflict injury, physical harm, or property damage via social media is also prohibited in Utah. It can lead to a class B misdemeanor charge, as well as other conduct.
Upon the second violation, threatening someone on social media is a class A misdemeanor.
What if You Are Arrested for Threatening Someone on Social Media?
If you are arrested or questioned for allegedly threatening someone on social media, do not underestimate the seriousness of the situation or that facing actual charges in court is impossible. Do not think that you can provide law enforcement with the context they lack, and the charges will disappear. Instead, let our attorneys handle the situation and call us immediately.
Sometimes, supposed “threats” on social media are taken out of context, and law enforcement fundamentally misunderstands a situation. If you are asked about your social media or other online activity but have not been arrested, you should still refrain from answering law enforcement’s questions. Never talk to police officers without a trusted lawyer present, whether or not you are under arrest.
When speaking with our Murray, UT criminal defense lawyers, please provide us with all the necessary information about the charges. We will advise you to stay off social media for the foreseeable future and warn you against contacting the alleged victim.
What is the Penalty for Threatening Someone on Social Media in Utah?
For the first offense, threatening someone on social media is charged as a class B misdemeanor. Although jail time for a conviction of this offense is typically unlikely, it’s not impossible, and it depends largely on the content of the messages.
Class B misdemeanors are punishable by up to six months in jail in the state of Utah. Defendants may also have to pay a fine of up to $1,000, with a possible 90% surcharge.
There’s no minimum sentence, so the judge may be lenient, especially if this is your first offense.
Judges generally also impose no-contact orders in these cases, prohibiting defendants from communicating with the complaining witness online or otherwise.
Suppose this is your second or subsequent violation for threatening someone on social media. In that case, you face penalties for a class A misdemeanor. This is punishable by up to 364 days in jail, as well as a fine of $2,500 and a large surcharge.
Defendants may also face reputational consequences for threatening someone on social media, as well as additional penalties if they are convicted of other charges.
What Can You Be Charged with for Threatening a Minor on Social Media in Utah?
Initial charges are more serious when cases involving online threats or harassment involve minors. Upon the first offense, a defendant faces a class A misdemeanor charge. Upon the second, the defendant faces a third degree felony charge in Utah.
Third degree felonies have much longer potential sentences than class A or B misdemeanors. Terms of imprisonment may last up to five years. There are also more expensive fines to consider, up to $5,000, plus a possible 90% surcharge.
Should You Take Charges for Threatening Someone on Social Media to Trial?
Whether or not you take class B, A, or third degree felony charges to trial depends on your unique case. Sometimes, negotiating a plea is the best option. It may allow you to avoid jail time and instead require you to pay a fine or participate in a diversion program.
Prosecutors must prove intent when these charges go to trial. Suppose the prosecution cannot prove the defendant intended to intimidate, harass, threaten, or frighten the recipient with their social media correspondence. In that case, the prosecution does not meet the standard of proof and cannot get a guilty verdict.
Much of the evidence in these cases comes from social media accounts, posts, and messages. Our attorneys may challenge the admissibility of some or all of that evidence, which could substantially weaken the prosecution’s case, rendering them unable to proceed with the charges.
Let our attorneys help you make the best decision for your present and future if you are facing charges for threatening someone on social media and considering taking a plea deal.
Contact Our Criminal Defense Attorneys in Utah for Help
Call Overson & Bugden at (801) 758-2287 to have our Park City, UT criminal defense lawyers review your case for free.
