Q: If I record someone making a bomb threat in a school. Do I (the recorder) get first degree telecommunications harrass?
I recorded someone making a bomb threat in a class room and posted it. I am now being charged with the first degree misdemeanor telecommunications harassment. Am I guilty of this charge? I did not say anything in the video at all. I was also suspended 5 days for Filming. I am a minor by the way. The person that made the threat was charged with the same thing as me too. The principal also questioned me, made me unlock my phone and show him the video. Then the police officer came into the office and questioned me too. I was never told if I was detained or in custody nor read my miranda rights. Then went home after family got me. I have court soon.
A: Use the Find a Lawyer tab and retain a local criminal defense attorney. The attorney will need time to gather evidence and prepare your defense, so do not delay if the court date is soon.
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A: Your guilt or innocence here turn on your intent. If you were a party to making the threat, that is, if you made the video with the intention of helping this other person communicate their threat, then yes, you are guilty of telecommunications harassment. If you made the recording with the intention of preserving evidence of the other person's dangerous character and shared it to reveal them to authorities rather than help them, then you would not be guilty. You should be working with an attorney on this.
1 user found this answer helpful
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