The Consequences of Making Online Threats in Pennsylvania

It seems like a day does not go by without news of an online threat of one kind or another, especially bomb threats to our schools.  In our increasingly digital world, where communications often occur through social media, email, or even messaging apps, the risks associated with online behavior have never been more pronounced. When it comes to making threats online, the legal consequences can be severe, and understanding these implications is crucial for anyone navigating the complex landscape of internet communication.

What Constitutes an Online Threat?

Let’s clarify what is meant by "online threats."

An online threat generally refers to any statement made in a digital context that expresses an intention to inflict harm on an individual or group. This can range from direct threats of violence to more subtle forms of intimidation or harassment.

Investigating Online Threats

The authorities have a variety of means and methods of investigating and uncovering the identity of the perpetrators of online threats:

Digital Footprints and IP Addresses

Every device connected to the internet has a unique identifier known as an IP address. This address is crucial in tracing online activity. When a threat is made, whether through an email, social media platform, or any other means, law enforcement can request the service provider (like Facebook, Twitter, or an email provider) to release the associated IP address. This address often reveals the geographical location of the user at the time the threat was posted.

Electronic Discovery and Metadata

When a threat is made, sometimes it’s not just the message that counts, but the metadata associated with it. Metadata includes data about the data, such as timestamps, locations, and device information. Authorities can subpoena records from digital service providers to access this information, which can provide critical evidence leading back to the perpetrator. For instance, digital photographs may contain information about the device used and the location it was taken.

Tracking Anonymity Tools

Some individuals seeking to mask their identities use anonymity tools like VPNs and the dark web. However, dedicated cybercrime units are trained to navigate these spaces. While illegal, some activities in these realms can be tracked through “de-anonymization” techniques—using various data points to connect online actions back to real-world identities.

In Pennsylvania, like many other states, making an online threat can lead to criminal charges, civil liability, or both.

Criminal Charges for Online Threats

In Pennsylvania, making threats online can result in criminal charges under several statutes, depending on the nature of the threat. The most relevant laws include:

1. Terroristic Threats

Under 18 Pa.C.S.A. § 2706, a person commits a terroristic threat if they communicate, either directly or indirectly, a threat to commit violence with the intent to terrorize another, to cause evacuation of a building, or to cause serious public inconvenience. This is typically classified as a felony.

2. Harassment

Making repeated online threats can also fall under Pennsylvania's harassment laws. Under 18 Pa.C.S.A. § 2709, a person can be charged with harassment if they engage in a course of conduct that would alarm or seriously annoy another person.

3. Cyber Harassment

Pennsylvania has specific laws addressing cyber harassment. The law notes that if someone sends messages with the intent to harass, annoy, or alarm someone through electronic means, they could face misdemeanor charges.

Civil Consequences

In addition to criminal charges, making online threats can lead to civil liability. Victims of online threats may choose to file a lawsuit for damages, claiming emotional distress, defamation, or other applicable torts. Courts in Pennsylvania take online threats seriously, and whether a threat is deemed criminal or civilly actionable often hinges on context and the perceived intent behind the statements. 

The consequences of online threats extend beyond legal penalties. Individuals who make threats may find themselves facing disciplinary actions from employers or educational institutions. Schools and workplaces often have strict policies against threats and bullying, which can lead to suspension, expulsion, or termination.

Defenses Against Online Threat Crimes

If you find yourself accused of making online threats, it is essential to understand that there may be legal defenses available. These can include:

Lack of Intent

If the statement made was not meant to be taken seriously or was made in jest, it could be argued that there was no intent to harm.

Freedom of Speech

While the First Amendment protects many forms of speech, it does not shield threats of violence. However, distinguishing between protected speech and unlawful threats can sometimes be complex.

Context

The context of the interaction matters. Understanding how a reasonable person would interpret the statement can significantly influence legal outcomes.

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Making online threats carries significant ramifications under Pennsylvania law, encompassing both criminal and civil consequences. Whether it’s a momentary lapse in judgment or a heated exchange, it’s vital to recognize that online words can have real-world legal impacts. If you or someone you know faces allegations regarding online threats, consulting with a qualified attorney can provide guidance and representation to navigate these challenging legal waters.

In our digital age, think twice before you hit "send." The implications can last far longer than the momentary rush of online expression.