Unlawful internet posting occurs where the defendant posts a message without the consent of another person. Unlawful internet posting carries a felony punishment of not more than 2 years imprisonment and/or a fine of up to $10,000. The punishment increases if the message is posted in violation of a court order or the posting causes a credible threat to the victim or victim’s family.
There are effective defenses to these cases. The prosecution has to prove that the internet posting would have caused a person to receive two or more unconsented contacts. What if the victim would have consented to the contact? Prosecution must prove the accused had knowledge that the victim would not have wanted these contacts. In some cases, they do consent to some types of contact. These case facts and defenses vary individually. It is important that the attorney be creative with possible defenses.
These cases are also commonly prosecuted along with aggravated stalking cases.
If you have been charged with an internet crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy, Rochester Hills, Farmington Hills or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in Criminal Defense.