Social media platforms like Snapchat and Instagram are popular among high school students for sharing moments, connecting with friends, and expressing themselves. However, it’s crucial to understand that these platforms are not just for fun—they come with responsibilities and potential consequences, especially when posting threats, even in jest.
Florida Statute 836.10
Written or Electronic Threats to Kill, Do Bodily Injury, or Conduct a Mass Shooting or Act of Terrorism:
- Definition: This statute covers any threats made through letters, inscribed communications, or electronic communications (including social media posts) that threaten to kill or do bodily injury to someone, or to conduct a mass shooting or act of terrorism.
- Penalties: Violating this statute is a second-degree felony. The penalties for a second-degree felony in Florida can include up to 15 years in prison, 15 years of probation, and a fine of up to $10,000
What Constitutes a Threat?
A threat can be any statement or action that implies harm to someone or something. This includes:
- Direct threats: Clearly stating you will harm someone such as “I’m going to shoot you.”
- Indirect threats: Hinting at harm without directly saying it, like “You better be careful.”
- Jokes or pranks: Even if you think it’s funny, and it was meant as a joke, others might not, and it could be taken seriously by law enforcement. For example, “I am going to blow this place up.”
Why It’s a Big Deal
Posting threats on social media is not just a harmless act. Here’s why:
- Serious Consequences: Threats can create fear and panic, leading to serious emotional distress for others.
- Legal Implications: Threats are taken seriously by law enforcement and can lead to criminal charges.
- Permanent Record: Once something is posted online, it can be difficult to remove, and it can follow you for years.
How Social Media Companies Handle Threats
Social media companies have strict policies against threats. When a threat is detected:
- Reporting: Users can report threatening content.
- Review: The platform reviews the report and takes action, including removing the content and banning the user.
- Notification: Serious threats are reported to the FBI and local police.
Social media companies employ sophisticated algorithms to detect and report potential threats of harm. Here’s how they do it:
- Content Scanning: Algorithms analyze posts, comments, and messages for keywords and phrases that might indicate a threat, such as violent language or hate speech.
- Behavior Monitoring: They track user behavior for patterns that suggest malicious intent, like consistently posting aggressive or violent content.
- Machine Learning: These models are trained on extensive datasets to identify and flag potential threats, continuously improving as they learn from new data.
- Natural Language Processing (NLP): NLP helps algorithms understand the context and sentiment of the content, distinguishing between jokes, sarcasm, and actual threats.
- Image and Video Analysis: Algorithms use computer vision techniques to examine images and videos for violent or harmful content.
- User Reports: When users report content, algorithms prioritize these reports for review, often flagging them for human moderators to take further action.
These methods allow social media platforms to quickly identify and respond to potential threats, helping to keep users safe.
Possible Penalties
If you post a threat, you could face:
- School Disciplinary Actions: This could include mandatory suspension or expulsion.
- Criminal Charges: Depending on the severity, you could be charged with making terroristic threats, which is a very serious felony.
- Juvenile Detention: For minors, this could result in time in a juvenile detention center.
- Permanent Record: A criminal record can affect college admissions, job opportunities, and more.
Conclusion
Think before you post. Social media is a powerful tool, but with great power comes great responsibility. Always remember that your actions online can have real-world consequences. Stay safe and use social media wisely. If you are being investigated by law enforcement for allegedly posting a threat on social media, contact an experienced attorney immediately.
Paul Ghezzi
Paul Ghezzi is a seasoned criminal defense attorney with over 25 years of experience. After earning his law degree from the University of Florida in 1995, he served as an Assistant State Attorney in both Manatee and Seminole Counties, where he prosecuted serious felony cases, including capital murder trials. His extensive background as a prosecutor has equipped him with valuable insights, making him a formidable defense lawyer. Since transitioning to criminal defense in 2006, Paul has represented clients in a wide range of cases, including DUIs, drug trafficking, and violent crimes, participating in over 100 jury trials with a commitment to pursuing justice for his clients.
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