Can You Be Charged With a Crime Based on Social Media Posts?

Your social media posts can lead to criminal charges. This is especially true if your social media posts contain evidence that you committed a crime or the content within these posts is deemed criminal in nature.

Understanding how online posts can result in criminal liability—and speaking with a Maryland criminal defense attorney—can help you protect your rights.

Can social media posts lead to criminal charges?

Yes. You can be charged with a crime based on social media posts. While using social media is generally lawful, some posts can themselves be criminal—such as posts that distribute child sexual abuse material, unlawfully share intimate images, or make true threats to another individual.

You have the right to make social media posts. But certain types of social media posts can lead to you being charged with a crime, depending on the content that comprises these posts.

Just as an example, if someone makes a social media post that features sexually exploitative material involving a child, the post itself becomes part of a criminal offense.

When do social media posts become a crime?

Harassment

The state of Maryland relies on a robust set of criminal laws. Some of these criminal laws center on harassment, and a few of them encompass digital harassment. And, with this in mind, some criminal harassment acts are as follows:

• Maryland law prohibits using electronic communications to harass, alarm, or intimidate another person, particularly after a reasonable warning to stop or when done without legal purpose. Doing so is considered a crime under Maryland’s Grace’s Law and related statutes and can lead to serious criminal penalties.
• Electronic communication can be part of a malicious course of conduct constituting stalking if it places someone in reasonable fear of serious bodily injury or causes serious emotional distress.
• You cannot use electronic communication to maliciously intimidate, harass, or alarm another person after a warning to stop and without a legal purpose. Violation can lead to criminal consequences.

One example, for each one of the above, is as follows:

• Depending on the content, digitally altered images of a minor may constitute harassment or potentially violate Maryland child exploitation laws
• If someone repeatedly comments on another person’s posts by making new digital accounts to get through their filters, and this causes that person emotional distress, this could be considered cyberstalking.
• If someone posts digitally altered videos of another person with the intent of causing them distress, this could be considered digital harassment.

Digital evidence in a criminal case

Social media posts can serve as digital evidence in a criminal case. This digital evidence can be used to support criminal charges, and potentially offered as evidence in a trial. Some examples of this are as follows:

• If someone posts photos/videos of themselves using illegal drugs, this might serve as evidence to support charges for drug possession, distribution, or related controlled substance offenses.
• If someone posts exploitative and illegally obtained photos/videos of another person, this can serve as evidence supporting revenge porn charges, among other possibilities.
• If someone posts videos of them spraying graffiti over a building, these videos can be used as evidence to support a vandalism criminal charge, as well as anything else related to the act.

If someone posts something illegal on social media, the content within these social media posts can be a crime, while also serving as evidence that this crime was committed.

Threats

Your social media posts can become a crime if they contain threats against someone else. This “someone else” could be a specific person or a group of people, among other possibilities.

For example, if someone posts on social media threatening to commit a school shooting, that person could face criminal charges. In Maryland, that might include a state offense for a threat of mass violence. Certain threats may also trigger federal charges when they involve interstate communication or federal property.

What should you do if you have been charged with a crime due to social media posts?

If you have been charged with a crime due to social media posts, or there is talk of criminal charges being filed against you due to social media posts, there are a number of things you may want to do:

• Contact a Maryland criminal defense attorney as soon as possible to discuss the facts of your case. This will allow them to develop the best possible defense and determine your next steps.
• Do not delete the post or anything related to the post. Deleting posts while under investigation may be considered destruction of evidence, depending on intent.
• Avoid making social media posts that discuss the criminal charges you are currently facing or the posts that led to these charges. Anything you say can be used against you.
• Exercise your right to remain silent when speaking with the police. If you would like to say anything to the police, do so in the presence of your attorney and only after consulting them beforehand.
• Work with your attorney to gather evidence that supports your claims. This could include internet history, prior social media posts, and witness testimony, among many other possibilities.

Social media posts can lead to criminal charges. Working with an experienced criminal defense attorney may make it easier to obtain the best possible legal outcome.

Speak with a Maryland criminal defense attorney today

If you have been charged with a crime due to your social media posts, seeking legal help is recommended.

Contact Drew Cochran, Attorney at Law today. We are ready to help.