Oakboro, NC asked in Internet Law, Family Law, Child Custody and Child Support for North Carolina

Q: Can a fb status indirectly directed towards a person(s) be considered Communicating Threats?

Your Son-In-Laws Sister puts up a status talking about going to war over him and you know it's directed towards your daughter, etc....Can that be considered communicating threats?

1 Lawyer Answer
Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: Without seeing what was actually written it is hard to say but I'm going to go out on a limb and say likely not. In order for there to be a crime of communication of a threat several things need to happen: (1) a threat to physically injure someone or damage property (2) that threat is communicated to the other person (3) a reasonable person would believe that the threat is likely to be carried out; and (4) the person threatened actually believes the threat will be carried out. So a FB post of 'going to war' is likely not a threat. 1) there's no threat of physical injury or property damage. 2) it doesn't appear the statement 'going to war' was directed at anyone. 3) no reasonable person is concerned about some girl typing on FB that she's 'going to war' 4) so even if your daughter is unreasonable enough to believe 'going to war' is a threat and that it is likely to be carried out against her, none of the other necessary elements appear present to make this a crime.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.