The anonymity afforded to users online has given rise to threats, harassment, and other negative behavior. However, changes in laws throughout the country has made it possible for some people to be charged with a range of crimes related to their online activities. If you believe that you are facing charges due to your online comments, here is what you need to know.  

What Charges Are Possible?

Depending on the nature of your online activity, there are a host of charges you could potentially face. The state in which you live also plays a role in whether or not you can face charges.  

For instance, in some states, it is illegal to send obscene material about a person with the intention of emotionally harming them. Some states have laws in place that make it illegal to cyber harass a person.  

Malicious shaming has also become part of the discussion involving the legalities of online activities. For instance, if you shared a picture online of someone with the intent of mocking them, there is a possibility that you could find yourself in hot water. Not only could you be accused of maliciously shaming the person, but the question of whether or not you had the right to take a picture of the person and share it could come up. 

What About the First Amendment?

One saving grace that you might have if you are facing criminal charges for online activities is the First Amendment. The First Amendment argument does have its limits though. The amendment does give you the right to free speech, but it does not protect you from the consequences of posting negative thoughts online.  

For instance, a threat towards an elected official online could not only result in city or county charges, but depending on the targeted person, you could face state or federal charges. In fact, a man received a six-month jail sentence for threatening the president. 

The First Amendment also does not give you the right to inflict emotional distress on another person. In addition to this, there are federal laws in place that prohibit some forms of Internet harassment.  

The best course of action to take if you are fearful that you could face criminal charges for online comments that you have made is to contact a criminal defense attorney. He or she can review the comments and evaluate them according to the state and federal laws. If you are facing charges, he or she can help formulate a defense strategy. Contact a firm like Santore & Santore to learn more.

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