Unlawful Internet Posting
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Unlawful internet posting occurs when the defendant posts a message without the consent of another person. Unlawful internet posting carries a felony punishment of not more than two 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 charges. 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? The 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’s important that your attorney be creative with the possible defenses.
Charged with unlawful internet posting? Unhappy with your current attorney? Request a free consultation now.