Threatening someone means placing them in reasonable fear that they or another person will be subjected to wrongful acts. A threat online is communicated through the internet, such as on a blog, through social media, or through other malicious online activities. When online activity becomes harassing or threatening, it can violate criminal laws. Our Seattle cybercrime defense lawyer discusses criminal threats online and online harassment under Washington law in this blog.
Defining Threats Under Washington State Law
A “threat” is defined under RCW 9A.04.10(28) as indirect or direct communication with the intent to:
- Cause the person threatened or someone else with bodily harm in the future
- Cause damage to someone else’s property
- Subject someone to physical restraint or confinement
- Accuse someone of committing a crime or causing them to be charged with a crime
- Publicize an asserted fact or expose a secret, regardless of the truthfulness of the subject, which could cause someone to be subjected to contempt, hatred, or ridicule
- Reveal information a person sought to conceal
- Withhold or provide testifying or information concerning another person’s defense or legal claim
- An official wrongfully withholding or taking official action against someone or something
- Start or continue a boycott, strike, or collective action to obtain property that is not received or demanded for the benefit of the group
- Any other act intended to cause significant harm to the person or another person concerning their safety, personal relationships, health, financial condition, or business
Threats can become harassment under Washington law when a person knowingly and without legal authority makes threats that can cause another person bodily injury, property damage, physical restraint, confinement, or substantial harm to their health or safety. The person making the threat must cause the person threatened to believe the threat is real.
Washington Statutes Regarding Cyber Threats
About four in ten Americans experience online harassment, according to the Pew Research Center. Online threats are made against people because of politics, religion, sexual orientation, and many other issues and characteristics. Threats may be physical, sexual, offensive, and embarrassing. Online threats may rise to the level of stalking, abuse, harassment, and other illegal acts.
RCW 9A.90.120 defines the crime of cyber harassment in Washington State. A person can be found guilty of cyber harassment if they make an electronic communication with the intent to intimidate or harass another person. Online threats charged under this situation can be gross misdemeanors or felonies.
A gross misdemeanor for an online threat in Seattle can result in a $5,000 fine and 364 days in jail. If a person is convicted of felony online threats, they may face up to $10,000 in fines and five years in prison.
Depending on the situation, an individual could be charged with multiple crimes for making online threats in Seattle, WA. Aggravated circumstances, such as those involving children and threats of violence with weapons, are examples of situations that could lead to additional criminal charges.
Real-World Scenarios: What May or May Not Count as a Threat
The First Amendment to the U.S. Constitution protects free speech. Therefore, online content may be protected as free speech. However, free speech does not protect against cyber harassment or criminal threats online in Seattle.
Examples of online speech that could legally be considered a criminal threat include:
- A direct message to someone stating your intent to harm them
- Repeated messages causing reasonable fear despite vague language
- Using social media to repeatedly harass, monitor, or threaten someone, causing them fear
- Sending repeated emails threatening to damage property
- Creating and sharing posts, memes, and videos implying violence against someone
- Threatening to cause harm to a family member
- Posting a person’s private information online, encouraging other people to harass or threaten them
There is a fine line between free speech and online threats. There could be multiple defenses to charges of criminal threats online in Washington State.
What to Do if You’re Accused of Making an Online Threat in Seattle State
Immediate steps to take if you are accused of making online threats include:
- Do not contact the other party or delete any posts or information online
- Speak with a Seattle cybercrime defense attorney as soon as possible
- Gather evidence, including screenshots, copies of posts, witness names, emails, text messages, social media posts, instant messages, etc.
- Create a list of your internet providers, social media accounts, and other online accounts
- Preserve electronic devices, including hard drives, tablets, cell phones, etc.
- Make notes of your cloud storage services
Disclose all information to your attorney so they can investigate the potential for fraud, breaches, and other cybercrimes. You may have one or more defenses to allegations of online threats, including lack of intent, insufficient evidence, and mistaken identity.
Are You Being Accused of Making Threats Online in Seattle, WA?
If you are under investigation or facing charges for an online threat in Seattle, do not wait. Contact Jennifer Horwitz for a confidential consultation with our Seattle cybercrime defense lawyer. Early legal intervention is essential to protect your rights and best interests.