A sarcastic comment on social media or a dark joke in a group chat might seem harmless in the moment. What you view as humor, though, could lead to legal trouble if someone, or law enforcement, interprets your words as a genuine threat of violence.
Defining terroristic threats
Under North Dakota law, a person commits the offense of terrorizing by threatening to commit a crime of violence with the intent to place another person in fear for their safety. This also covers remarks intended to cause serious public alarm or inconvenience, such as evacuations or emergency responses.
The law does not require you to act on what you said for charges to apply. Making the post itself, if it meets the legal threshold, is enough for prosecutors to move forward with a case.
Drawing the line between free speech and criminal conduct
The First Amendment shields a broad range of expression, including speech that many people would find offensive or distasteful. However, the U.S. Supreme Court has recognized that certain categories of speech, including “true threats”, fall outside constitutional protection. This is generally a statement that a reasonable person would interpret as a serious expression of intent to harm someone.
The challenge with online communication is that tone, sarcasm and intent are difficult to convey in text alone. A joke you shared with a friend who understands your humor can be screenshotted, stripped of context and reported to authorities by someone who reads it differently.
Facing the lasting fallout of a “prank”
North Dakota classifies the offense of terrorizing as a Class C felony. If convicted, you could face penalties that include:
- Up to five years in state prison
- Fines reaching $10,000
- A felony conviction on your criminal record, which may remain publicly accessible
A felony record can limit your ability to find employment, secure housing or maintain professional licenses long after you have completed any sentence. Furthermore, you may lose certain civil rights, such as the right to possess firearms under both state and federal law.
Considering your options after an accusation
If you are battling a terrorizing charge after a post you made online, there are various avenues to defend yourself in court. One path may involve demonstrating that your statement was obvious hyperbole, that it lacked the intent or reckless disregard required to cause fear, or that it qualifies as protected expression under the First Amendment.
Approaching an attorney can help as they review the context of your post, the platform where it appeared and whether prosecutors can establish the level of intent the law requires. They can also explain the potential outcomes and set expectations on what the court process will look like.