Legal Question in Criminal Law in California
Things said in chat rooms.
My question pertains to the actions of individuals in chat rooms. Specifically what the legal ramifications are for certain things written in a chat room. There are two things in particular that I have seen said that I was wondering about; they are threats against people (including death threats) and property made in a chat room. And what to do (if anything) if I see a person advocating the overthrow of the United States Government in a chat room. Also does the same apply to internet message boards?
1 Answer from Attorneys
Re: Things said in chat rooms.
California has a criminal statute, Penal Code Section 422, that deals with terrorist threats. There may be a similar federal statute. A California citizen that is threatened would be the victim of the crime set forth in 422.
Threats posted to or directed at an individual who resides in California could be a crime under 422. Depending on exactly what was said.
Also if two individuals were involved in making threats they would be subject to possibly violating the California or Federal criminal conspiracy statutes. These are of course in opposition to 1st Amendments rights of free speech but the legislature and courts recognize that the 1st amendment doesn't include threatening people to intimidate them.
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