Legal Question in Criminal Law in California

If a person writes something on a social network that may be "perceived" as a threat by "someone" and that "someones" name is not used, is that a criminal offence?"


Asked on 7/04/12, 9:48 am

3 Answers from Attorneys

Jacob Kiani Law Office of Jacob I. Kiani

It could be technically. If the person that was the subject of the threat could reasonably believe that the Post on the social network site was a threat directed at them, and it was obvious from the circumstances that it was directed at them, that could constitute a criminal offense. It would just depend on the facts.

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Answered on 7/04/12, 9:52 am
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

I agree with Mr. Kiani. It would be up to the District Attorney's office whether to file charges based on the clarity of any threat. You or your friend could report it to the police and see if they will take a report. If so, their report would then likely go to the D.A.'s office for review.

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Answered on 7/04/12, 12:01 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Mr. Kiani and Ms. Hofmeister are right. What matters is not only whether the complainant saw the statement as a threat directed toward her but also whether that belief was reasonable under the circumstances. Many other factors will matter, too. The fact that her name did not appear in the post will not prevent the author from being prosecuted and, potentially, convicted for making a criminal threat.

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Answered on 7/05/12, 12:23 pm


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