Information from the County Attorney's Office
By Steven J. Franzen, Campbell County Attorney
Unfortunately, in today’s political and social climate, many statements are made that could be of a criminal nature through social media outlets such as Facebook and Twitter. I think we would all find it beneficial to review some of the potential criminal statutes that may apply to statements made in social media.
First, Harassing Communication is a Class B Misdemeanor that may apply to electronic communications. This crime occurs when a person “with the intent to intimidate, harass, annoy, or alarm another person communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of electronic or written communication in a manner which causes annoyance or alarm and serves no purpose of legitimate communication.”
Second, the crime of “Harassment” may also be applicable as a person is guilty of “Harassment” when, with intent to intimidate, harass, annoy, or alarm another person, he or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person, and which serve no legitimate purpose.
Third, a communication could be considered as part of the crime of Menacing, also a Class B Misdemeanor which occurs when someone intentionally places another person in reasonable apprehension of imminent physical injury.
Lastly, a communication could be considered Terroristic Threatening third degree, which is a Class B Misdemeanor and occurs when a person threatens to commit any crime likely to result in death or serious physical injury to another person or likely to result in substantial property damage to another person.
In many instances, an electronic statement or communication does not rise to the level of these criminal activities because they are (1) generalized statements or (2) do not rise to the standard defined by statute of annoyance or alarm. In reviewing such communications, the prosecutor and courts must analyze each statement specifically as to what words were used, in what order, the words’ common meaning and in the context of other statements.
Regardless, we should all be vigilant not to engage in electronic communications that would require scrutiny for criminal activity. In earnest, we should take the time to review and consider the impact on the statements made on social media and how they will impact others before publishing the statement or comment.
If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.org, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.