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Can a Facebook Threat Be Considered a “True Threat” in Florida?
In today’s digital world, people frequently turn to Facebook, Twitter, Instagram, and other platforms to vent frustration, make jokes, or engage in heated debates. But when does a facebook threat go too far? Under Florida law, certain posts—especially those that involve threats of violence—can be prosecuted as true threats. Even if the author insists they were “just joking” or exaggerating, courts can and do interpret online comments as criminal threats.
When to Call a Lawyer
If you or a loved one is facing charges for a facebook threat or something posted on Facebook or any other platform, time is critical. Even a comment made in the heat of the moment can become the basis for a serious felony charge. Don’t gamble your future on the assumption that “no one took it seriously.”
🚨 Protect Yourself—Contact a Criminal Defense Attorney Today
I’m W.F. “Casey” Ebsary Jr., a Florida Bar Board-Certified Criminal Trial Lawyer with decades of experience defending clients in both state and federal courts. I understand the nuances of “true threat” cases, First Amendment issues, and how prosecutors handle social media-based charges.
📞 Call today at (813) 222-2220 or
🔗 Visit my contact page to schedule a confidential consultation.
The Rodney Keith Jones Case: A Wake-Up Call for Facebook Users
One of the clearest examples of Florida courts taking social media facebook threats seriously is the case of Rodney Keith Jones. In this case, the defendant posted on Facebook a series of messages that included graphic language and threats against a named individual. He later claimed the posts were just emotional outbursts and didn’t mean actual harm.
However, the court didn’t buy that argument. The language used in the facebook threat was explicit, violent, and followed by serious phrases like “I mean that s**.”* The court ruled that these statements constituted a “true threat” under Florida law—even if the defendant didn’t intend to act on them. The key was how a reasonable person would interpret the message, not the defendant’s personal intent.
What Is a “True Threat”?
Florida law makes it a crime to communicate threats that can reasonably be interpreted as genuine threats of violence. The term “true threat” is rooted in constitutional law. While the First Amendment protects free speech, it does not protect speech that crosses the line into threats of violence, stalking, or incitement.
According to Florida Statute § 836.10, it is illegal to send a written or electronic communication that contains a threat to kill or do bodily harm to another person. This includes emails, text messages, and yes—Facebook posts.
Additionally, Florida Statute § 836.12(2)(a) specifically criminalizes written threats to conduct mass shootings or acts of terrorism, whether or not there was intent to carry them out.
Key Elements of a “True Threat” Under Florida Law:
- The communication must be willful and knowingly made.
- The threat must be directed to or concerning a specific individual or group.
- The language must be such that a reasonable person would take it as a serious expression of an intent to cause harm.
- The context matters: tone, history, language, and circumstances surrounding the post all influence whether it’s considered a true threat.
Common Facebook Threat Defenses (That Often Fail)
People accused of making Facebook threats often use the same defenses:
- “It was just a joke.”
- “I was angry and didn’t mean it.”
- “It was metaphorical, not literal.”
- “It’s free speech!”
Unfortunately, these defenses usually don’t hold up when the totality of the circumstances supports that the statements were made in a threatening context. Courts will examine the specific wording, any accompanying images or videos, the relationship between the parties, and how the message was received by the victim.
For example, if someone posts:
“I swear I’m going to make you pay for what you did. Watch your back—you’ll see soon enough.”
—and follows that with, “I don’t play games. I mean that s**,”*—that post would likely be considered a true threat under Florida law.
The Role of Intent
Many people believe they’re safe from prosecution if they didn’t intend to carry out the threat. However, that’s a dangerous misunderstanding.
Under Florida law, the subjective intent to follow through on the threat is less important than whether the threat could be reasonably interpreted as serious by others. The courts care more about how the message is perceived than the internal mindset of the person who posted it.
In Jones, even though the defendant claimed emotional distress and lack of intent to harm, the court focused on the language and surrounding facts. The verdict was clear: posting threats online—even without weapons or a physical confrontation—can result in criminal charges.
Why Facebook and Other Platforms Are Especially Risky
Social media adds extra weight to threatening language because:
- Posts are often public or shared widely.
- Content is preserved, screenshot, or reported.
- Social media allows people to target individuals by name, tag them, or include identifying information.
- Algorithms can amplify angry or inflammatory content, making it more likely to be seen by many, including law enforcement.
It only takes one report for a post to be flagged and investigated. Once police or prosecutors get involved, deleting the post is too little, too late.
What Are the Penalties for a Facebook Threat?
Under Florida Statute § 836.10, making a written or electronic threat is a felony of the second degree, punishable by up to 15 years in prison, a $10,000 fine, and a permanent criminal record.
Under § 836.12(2)(a), threats involving mass shootings or terrorism are also felonies and carry severe penalties—even for first-time offenders.
In addition to prison, a conviction can lead to:
- Loss of professional licenses.
- Revocation of gun rights.
- Immigration consequences.
- Probation and mandatory mental health evaluation.
- Inability to seal or expunge the record.
What Should You Do If You’re Accused?
If law enforcement contacts you about a post, do not try to explain yourself or minimize what you said. Instead:
- Do not speak to police without an attorney present.
- Do not delete posts or attempt to erase evidence—this could be considered tampering.
- Contact a criminal defense lawyer immediately.
Your defense may depend on context, intent, and the exact language used, and an experienced lawyer can help build a case to challenge the charges, negotiate with prosecutors, or even get the case dismissed.
How to Call a Lawyer
If you or someone you care about is under investigation or charged over a social media post, every moment counts. A single comment made in anger or frustration can lead to severe felony consequences. Don’t risk your future by assuming, “It was just a joke” or “No one will take it seriously.”
🚨 Contact a Criminal Defense Attorney Today
I’m W.F. “Casey” Ebsary Jr., a Florida Bar Board-Certified Criminal Trial Lawyer with decades of experience representing clients in state and federal courts. I have a deep understanding of “true threat” laws, First Amendment protections, and the strategies prosecutors use in cases involving social media posts.
📞 Call today at (813) 222-2220 or
🔗 Visit my contact page to schedule a confidential consultation.
Frequently Asked Questions
Yes. In Florida, if you post threats of violence—whether directed at a specific person, a group, or the public—you can be arrested and charged with a felony. Under Florida Statute § 836.10, written or electronic threats to kill or cause bodily harm are considered serious criminal offenses, even if posted online. Courts don’t just look at whether you intended to act—they consider whether a reasonable person would interpret the post as a real threat. If so, you could face up to 15 years in prison, fines, probation, and a permanent criminal record.
Even if you never intended to carry out the threat, that may not protect you from prosecution. Under Florida law, the focus is not solely on your personal intent but on how the statement would be interpreted by a reasonable person in context. If your post contains violent language, names a specific individual, or uses phrases like “I mean that” or “watch your back,” courts may view it as a true threat. Jokes, sarcasm, or emotional outbursts can still result in felony charges if the language appears credible and serious. Always assume your words online carry real legal weight.
No. Emojis and memes are not immune from legal scrutiny. In fact, courts have increasingly considered them when interpreting the intent and tone behind an online post. For example, adding a gun emoji 🔫, angry faces 😠, or violent imagery within a meme can reinforce the perception of a threat. Likewise, sarcastic or humorous memes may not protect you if the overall message appears credible and directed toward someone. Prosecutors often argue that these visual elements provide context that strengthens their case. In short, emojis and memes can either help clarify harmless intent—or make your post look far more threatening.
Deleting a post after realizing it may have crossed the line does notguarantee protection from criminal charges. Law enforcement agencies often act on reports made by others who may have already taken screenshots, saved the post, or reported it directly to the platform. In many cases, social media companies retain copies of deleted content and can turn them over during a criminal investigation. Furthermore, attempting to delete evidence after learning you’re under investigation could raise concerns about tampering or consciousness of guilt, which may hurt your defense. The safest course of action is to speak to a lawyer—not try to erase the past.
Summary Table: Florida Law on Social Media Threats
| Law | Statute Number | Crime | Penalty |
|---|---|---|---|
| Written or electronic threats | Fla. Stat. § 836.10 | Threat to kill/do harm | 2nd-degree felony, up to 15 years |
| Threats of mass violence | Fla. Stat. § 836.12(2)(a) | Threats of mass shootings or terrorism | 2nd-degree felony, up to 15 years |
Final Thoughts
Social media or facebook threats may feel informal or impulsive—but legally, your words can carry serious legal consequences. Don’t let a Facebook post become a felony charge. If you’re under investigation or have been arrested for something you posted, get experienced legal help right away.
🔹 Contact the Law Office of W.F. “Casey” Ebsary Jr. today
📍 https://www.centrallaw.com/contact-us/
📞 (813) 222-2220