Legal Question in Criminal Law in California

Teen Expression Online taken as Literal Threat

After nearly 3 months of witnessed and documented harassment on Myspace and text messaging my daughter posted a Myspace bulletin saying ''my ex needs to die''

Nowhere does she mention his name.

Nowhere does she state she or anyone else is going to DO anything.

It's a common teen expression (known to be so on the part of the ex) but was retracted 12 hours later anyway with a written explanation that nothing was intended by it and that she ''wants nothing bad for him at all''

Two days LATER his mother filed a restraining order citing this ''death threat''

We can prove harassment against my daughter, we can prove this boy has slandered and spread rumors about her (particularly of a sexual nature) and his family has admitted knowledge of her retraction and clarification of the ''death threat''. We have phone records indicating a pattern of provocation and harassment on the part of the ex.

Can this, without mention of his name (she does have other ex boyfriends) even legally be considered a death threat?

Any cases or former decisions I can reference would be helpful.

Thanks!


Asked on 6/15/06, 12:28 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Teen Expression Online taken as Literal Threat

Your daughter's statement would not be enough to support a criminal charge, but the standards for restraining orders are lower and some judges might believe she intended the statement as a threat or as a solicitation of someone to kill her ex. You need to hire a lawyer to defend your daughter -- and hopefully to get a restraining order against her ex.

Good luck.

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Answered on 6/15/06, 3:45 pm


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