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  1. #1

    Default What Are the Consequences of Sending Internet Threats While Drunk

    My question involves criminal law for the state of: Florida


    I'm going to include as many details as possible to get a full answer to this horrible inquiry, but please do not misinterpret it as me not taking this seriously. I am truly, deeply appalled by my behavior and understand that in many scenarios and other countries it might get me immediate jail time or even killed.

    While drunk I sent a very angry and disturbing email to a friend of mine. It was horrible and I regret it deeply. So deeply in fact that I've already signed up for counseling with a good cognitive therapist, and I plan on thoroughly seeking help. It never directly stated that I was going to kill or injure anyone, in fact I did mention that "it's not like I'm going jump out of nowhere and give you what you deserve" but I did threaten to somehow ruin his daughter's life even if it took me the rest of my life (Clearly I should have gone to counseling earlier and will take that counseling very seriously to bring my behavior up to societies standards).

    I did state that I would confront him and his family and even said that I would go to his place over and over and over, but never outright claimed I would physically attack or kill anyone. Rightfully, he filed a police report. The morning I woke up I poured my heart out into apologies via Facebook (the source of the threats to begin with) He has forgiven me and sent me a facebook message asking me to call him when I asked if I could apologize to him, which I did, profusely. He currently wants to obtain a restraining order against me, reasonably so, for his daughter, but it was only a single threat, I have no criminal background of any sort (I can't even remember the last time I yelled at someone other than this drunk crazy internet rampage, not that it means anything at all). Afterwards he added me on Facebook so that I could publicly apologize on his Facebook wall over the incident, which I did, profusely.

    Apparently he and his attorney would like me to agree to a restraining order and I'm so ashamed of what I wrote I feel inclined to accept this out of pure guilt, but I realize this would affect me for life for this mistake and that in the state of Florida he would have to prove that there was more than one such incident, which there was not.

    My questions are numerous and I feel deeply horrified by my own behavior.

    First, does this constitute an internet threat where he is capable of making criminal charges against me for? He already filed a police report a few nights ago. I don't know how these things are handled but I haven't heard anything from the police and have not been served anything yet. In that kind of situation are you automatically arrested and what would have to constitute the threat itself? The email itself was filled to the brim with rancor but never stated anything about direct harm. Does this mean that I am clear of that charge?

  2. #2
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    Default Re: I Sent a Drunken Internet Threat. What Can I Do and Should I Do Now

    Seriously - there's no need to keep posting. Keep it in one thread.

  3. #3

    Default Re: I Sent a Drunken Internet Threat. What Can I Do and Should I Do Now

    I apologize, I was hoping to get information on whether my action could actually be considered a "death threat" or a threat of physical harm without specifically implying that. I'd like to delete the others but cannot figure out how.

  4. #4
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    Default Re: I Sent a Drunken Internet Threat. What Can I Do and Should I Do Now

    Okay.

    What EXACTLY did you write? You can X out the cuss words, but otherwise it will be impossible to even guess at what may or may not be considered a death threat.

    Incidentally, the mere intimation of a threat is often enough for a restraining order to be issued.

    - - - Updated - - -

    I have no idea why you think the state of FL needs more than one incident, by the way.

  5. #5

    Default Re: I Sent a Drunken Internet Threat. What Can I Do and Should I Do Now

    This was a mind boggler for me, but when I looked up the four different kinds of ROs, I noticed that for a repeated violence RO, which is the one typically used on neighbors (it does not require the person to be in a relationship with, be living with or have any sexual relationship with the respondent), apparently this actually requires two or more incidents and that threats are apparently not enough to constitute this. I found this baffling, but I'm sure you can google it up and I think you'll see what I'm talking about. Even as someone that might benefit from this, amazing.

    So, here is the email. I cannot state how disgusted I am with myself over this, how many hours I have spent weeping and that I understand that a sane person would have me arrested asap for this, or simply shot me. Both would be fairly reasonable. I am going to go to cognitive therapy counseling until I am absolutely certain that I am no longer the person that would write this email and again, this is why I was excited at the prospect of signing an RO to prove that I want to improve who I am, because this email clearly shows that this is absolutely necessary. They did do something horrible to me once, but it's not even worth noting due to the severity of this. For legal context, I have never sent anything threatening to him before at all and this just came straight out of the blue. He enjoys "Larping" hence the mention of "vampire friends". Looking at this I feel that I was trying to egg him on into attacking or killing me, which says quite a bit about my need for mental health support. If we could, I would like to focus on the legal nature of this situation because I am already quite aware that this sort of thing deserves far more than what society dishes out anyways.

    Get ready for some very disturbing stuff.




    It's going to be funny for years too, because it's not like I'm going to jump out of nowhere and give you what you and your inbred sxxt stain on the sheets of humanity daughter deserve. But I have nothing to think about but you and XXXXXX now. Nothing. You helped them lie to take away everything. You laughed when they tried to lie to the University. These are jokes for you. They won't be for your daughter. I wake up every morning and think of her now. I will for decades. I'm going to spend years thinking about what you will look like, weeping over what I will do to your family. You and your daughter are what I have to live for now, you piece of sxxxt. You always loved making fun of me, but you went too ****ing far. So what has it been now, only four years? Four years of me thinking about this every ****ing day. Years thinking about how you helped XXXXXXXX break into my home as a joke, as a cherry on top. As if what you and your friends had done wasn't enough. Decades and decades thinking of how funny it must have been. Twenty, thirty years from now, your daughter will see me. She will pay for what you've done to me. She will pay for the years I've lost for your funny joke. You know where I live, you piece of white trash.

    ****ing do something. Be a ****ing man. Buy a gun and protect your daughter. You know where I live. You know how to find me. You know you deserve what is going to happen to you, you roxie loving trailer trash piece of sxxxt. I have deserved a lot of sxxxt for what I've done in my life, but your daughter deserves worse now. I'm going to be seeing you soon, XXXXX. Whether you like it or not. I'm going to see your parents. You went too far, XXXXX. Be a ****ing man and accept what you deserve, or your little bxxxh of a daughter is going to get what I got, even if it takes my whole fxxxg life to find a way to make sure she ends up some gutter slut, it will ****ing happen. I have nothing left anymore except to make sure you get what you ****ing deserve.

    What a ****ing pity. I was out looking for a good time and your pathetic ****ing friends decided to go dress up as vampires somewhere else. And your old house...was that a red E30? No, no, the wheelbase was too long. One of your relatives must have taken pity on you again to give you the five or some other piece of shit. You don't **** with someone like you did and walk away from it, you ****ing junkie. Do your ****ing daughter a favor and kill yourself. Save her from knowing what kind of a lazy, worthless piece of shit her father was. And go ahead, beat the shit out me. Go for it. ****ing do it. Because I'm going to make God damned sure that you get what you deserve. Might want to do it soon though, because I'm going to be going by your place again. Over and over and over. You wouldn't want your family caught up in your junky bullshit, would you?






    And so there it is. The desperate apologies were sent the morning after and if I understand correctly the police who came to receive the report did not assist him with filing an RO but an attorney insisted that he did later. I'm horrified that this actually came out of me and am unable to reconcile this with who I thought I was as a person. I'm not going to try, I'm just going to seek help.

  6. #6
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    Default Re: I Sent a Drunken Internet Threat. What Can I Do and Should I Do Now

    I wouldn't worry so much about a restraining order.

    I would be worrying about making terroristic threats.

    Dude - you need to speak with an attorney. If you manage to roll out of this unscathed - which I doubt - you need to thank whatever deity you believe in and start repaying forward. For. Real.

    I do have one more question and hopefully the answer won't make it worse. How old is his daughter?

  7. #7

    Default Re: I Sent a Drunken Internet Threat. What Can I Do and Should I Do Now

    I'm actually not even sure but I don't believe she is young.

    However, it appears that police had already seen this and charges were not filed against me. I don't know if that is actually because he declined them, because if I recall correctly the police actually make that decision on these issues if they feel that there was a threat. As you can see, as disturbing as it is I actually avoided specifically making opaque physical or death threats and noted at the start that I didn't plan on using physical violence. This does not remove the severity of this, but this clearly has little legally in common with a terrorist threat. We've actually both decided that an RO would be fine and he would actually like to have one that does not permanently impact me. In fact, they made an effort to persuade me to accept this and the only attorney I have spoken to actually advised me to fight this, believe it or not. I'm dead serious. I wanted to accept the RO and he actually said that they didn't have a chance because of Florida's repeat violence RO law system, which requires not only a threat but more than once incident of actual violence or stalking. I suppose Florida makes RO's difficult for repeat violence and I am beginning to suspect that it takes quite a bit to qualify something for Florida statute section 836. I obviously plan on accepting the RO even if fighting it is somehow, and this says a lot about Florida, possible.

    For a threat to be a crime, it must be a threat to do physical harm. Threats to murder or cause serious injury to a person are specific enough to be the basis of a crime. Threats to divorce, end a friendship or "make trouble" for someone are either not physical or not specific enough to constitute a crime. California Penal Code Section 422, like most similar state laws, provides that for a threat to constitute a crime it must be a threat to commit homicide or cause serious physical injury.

    So it looks like I'm already unscathed. Which even in my opinion is really quite disturbing. I very much believe that these laws need a thorough re-examination or perhaps some kind of psychiatric system to be put in place if someone goes this far off the handle, and I mean that sincerely. I am not joking when I say that I sincerely frighten myself now and that I am seriously considering several in-house psychiatric programs. Even though I've never even been in a fight and am afraid of guns, I just don't want to take a chance. This email clearly indicates that I am not well on a deep level I simply did not know and I am so deeply afraid of that, more so than any repercussions.

  8. #8
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    Default Re: I Sent a Drunken Internet Threat. What Can I Do and Should I Do Now

    The DA has more than a little time in which to file charges.

    For obvious reasons, CA law does not apply to FL.

    Good luck.

    You need help.

  9. #9
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    Default Re: I Sent a Drunken Internet Threat. What Can I Do and Should I Do Now

    I have seen emails from people that make that look like a Happy Valentines message! And nothing happened to them...of course, anything can happen but...you sound more bitter then threatening. No specific threats, so not much anyone can do but...might want to hide the keyboard when you drink!

  10. #10
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    Default Re: I Sent a Drunken Internet Threat. What Can I Do and Should I Do Now

    When you say you don't think she is young, do you mean you don't think she's a toddler, or that you don't think she's under 18?

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