Internet threat

CasterTroy

CasterTroy

Faster'N You
Joined
Mar 21, 2005
Location
Wallburg
This is a legal question about the internet, and what you put out there, and how/if you can be held accountible for what you've said on a message board. I'm using Rob and Rich as an example....just names only, to protect the innocent


If Rob said:

"We all need to go to Rich's house, and kick his ass"

Which we do :D

in a thread out in the general forum, Would Rob be breaking any laws?
 
Asking a legal question (sorry if I was unclear)

I just didn't know if that would be some kind of conveyance of a threat, and or breaking the law in NC or would it matter where the state of origin was.
 
I don't see how that is any different than making a phone call, writing a letter, or saying it out loud. Not sure about NC but several states have laws about terroristic threats and whatnot.
 
hmm, this is a good question because you can get into legal trouble for making threats, but you do have the first amendment, freedom of speech. this type of threat though, is not made directly to any one, at least the way i read it. like Rob didnt phone up Rich and say that. i would have to say that this falls under the "freedom of speech" category but im not sure.
 
Susan would have to answer the specifics of the charge, but the database would be used as evidence. Also, the charges would depend on whether it's one fellow threatening and then carrying out the threat, or if a large group showed up to commit the act, egged on by the post.

J
 
poor rich is going to get his ass kicked :(

If you do say something like that over the internet and it is taken out I do not see why it could not be held as evidence to pre mediation. just my point of view, I am no lawyer
 
I just wasn't sure if the ACT ITSELF was breaking any laws and if it had to be specific and or a death threat

Difference being, of the 4, is one breaking the law? All?, none?

  1. we should go kick (whoever's) ass
  2. I'm going to kick (whoever's) ass
  3. I'm going to kill (whoever)
  4. we should go out and kill (whoever)
 
purpleTJchick said:
should is one thing, saying you will is a threat. but is it a threat if you are talking to someone esle.
Click to expand...

I am not a lawyer (nor do I play one on TV!).
However I'd think thsi is the distiction - isn't a threat technically directed att he person receiving the potential action? That is "I'm going to kill you" is a threat, but "I'm going to kill Sam" is just evidence of premeditation?
 
My understanding that I have read on other boards are..

If you threaten someone and do not post your Real name then you can get in more trouble then if you have your real name attached..

Such as:


If Ken said:

"We all need to go to Rich's house, and kick his ass..

Signed by: Ken Carter"
 
G.S 14-196.3(b)(1)Using Electronic mail or Electronic Communication to Threaten to Inflict bodly harm or property damage or to extort money

A person guilty or this offence
(1) uses in electronic mail or electronic communication
(2) words or language
(3) (i) threatening to inflict bodily harm to any person or that person's child, sibling, spouse, or dependent, or
(ii) threatening to inflict physical injury to the property of any person, or
(iii) for the purpose of extorting money or other things of value from any person.

this is a class 2 misdemeanor.


hope this helps
 
haha funny stuff. good questions/statements, but really--who does want to kick your ass.
Click to expand...
The nefarious One-Legged Man...
 
krehel24 said:
G.S 14-196.3(b)(1)Using Electronic mail or Electronic Communication to Threaten to Inflict bodly harm or property damage or to extort money
A person guilty or this offence
(1) uses in electronic mail or electronic communication
(2) words or language
(3) (i) threatening to inflict bodily harm to any person or that person's child, sibling, spouse, or dependent, or
(ii) threatening to inflict physical injury to the property of any person, or
(iii) for the purpose of extorting money or other things of value from any person.
this is a class 2 misdemeanor.
hope this helps
Click to expand...


PERFECT thanks!
 
Pinkston said:
So who wants to kick your ass?
Click to expand...


not me...it was posted online that several people should gather and go kick a friend of mines ass.

Not turning anyone IN, just reminding those that made the threat that they might wann be careful of what they say
 
CasterTroy said:
I just wasn't sure if the ACT ITSELF was breaking any laws and if it had to be specific and or a death threat
Difference being, of the 4, is one breaking the law? All?, none?
  1. we should go kick (whoever's) ass
  2. I'm going to kick (whoever's) ass
  3. I'm going to kill (whoever)
  4. we should go out and kill (whoever)
Click to expand...

It's all in the context. In this case, I'd say he'd have to go and file a complaint for it to be taken seriously. The board owner should have been quick to kill that crap, and if it happens again, ban the people. Otherwise, the database gets subpoena'ed and the board owner spends time in court on the witness stand and in interviews.

J
 
Yous guys are sooooo funnay... :flipoff2:

IIRC, I remember a popo telling me that there has to be more to it in order to be charged with communicating a threat... (Verbally, written, etc...)

Something like the ability to carry through with the threat (I.e. A guy in CA with no money and no car saying he's gonna kick my ass doesn't count), and the likelyhood of it being carried through with?

Ahhh, here it is...
§ 14‑277.1. Communicating threats.

(a) A person is guilty of a Class 1 misdemeanor if without lawful authority:

(1) He willfully threatens to physically injure the person or that person's child, sibling, spouse, or dependent or willfully threatens to damage the property of another;

(2) The threat is communicated to the other person, orally, in writing, or by any other means;

(3) The threat is made in a manner and under circumstances which would cause a reasonable person to believe that the threat is likely to be carried out; and

(4) The person threatened believes that the threat will be carried out.

(b) A violation of this section is a Class 1 misdemeanor. (1973, c. 1286, s. 11; 1993, c. 539, s. 172; 1994, Ex. Sess., c. 24, s. 14(c); 1999‑262, s. 2.)
 
Rich, you are right about Communicating Threats, but G.S 14-196.3(b)(1) does not have the element (4 "carried out") as it does in G.S 14-277.1 so i would say in this case all the elements have been met, Its not much of a charge, but it still is a charge.
 
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