Can You Be Prosecuted for Something You Posted Online in Pennsylvania?

Whether you’re venting frustrations or joking with friends, what you post online can carry real legal consequences. Here’s what you need to know about what crosses the legal line—and how a criminal defense attorney can help if you're under investigation.

When Can Online Posts Lead to Criminal Charges?

Pennsylvania law allows prosecutors to charge individuals for online activity that violates criminal statutes, including:

• Terroristic Threats (18 Pa. C.S. § 2706)

• Harassment (18 Pa. C.S. § 2709)

• Stalking (18 Pa. C.S. § 2709.1)

• Online Impersonation

• Revenge Porn (18 Pa. C.S. § 3131)

• Cyberbullying (especially in juvenile cases)

• Criminal Defamation or False Reports

• Solicitation or Inciting Violence

These laws apply whether your message is sent privately (e.g., DM, text) or publicly (e.g., status update, video post, comment thread).

Examples of Online Posts That Could Trigger Charges

Here are some real-world scenarios that may result in criminal prosecution:

• Posting threats toward a school or public official—even as a joke

• Sharing explicit photos of someone without their consent (revenge porn)

• Cyberstalking an ex-partner through repeated messages or tagging

• Spreading false information that harms someone’s reputation or safety

• Coordinating or encouraging fights or criminal acts through social media

• Harassing someone with repeated, unwanted DMs or public insults

• Posing as someone else to damage their reputation

Law enforcement agencies across Pennsylvania monitor social media and often act quickly when threats or harassment are reported.

Are Online Posts Protected by the First Amendment?

The First Amendment protects free speech—but not all speech is protected. Courts have ruled that the following are not protected:

❌ True threats of violence
❌ Obscenity and child pornography
❌ Defamation or libel
❌ Incitement to imminent lawless action
❌ Harassment and stalking

This means you can’t claim “freedom of speech” as a defense if your post is legally considered a threat or part of a pattern of harassment.

What Happens if You’re Reported for an Online Post?

If someone reports your post to the police, they may:

• Take screenshots of the content

• Subpoena your IP address or account data

• Interview the person who reported it

• Attempt to contact you for questioning

You may be charged or cited even if the post has been deleted, especially if others saved it or shared it. Never speak to police without a lawyer present, even if you think the situation is being blown out of proportion.

Possible Penalties for Online Offenses in Pennsylvania

Penalties vary based on the charge and severity:

• Harassment: Summary offense or third-degree misdemeanor

• Terroristic Threats: First-degree misdemeanor or felony

• Stalking: First- or second-degree misdemeanor

• Revenge Porn: First-degree misdemeanor

• Defamation: May lead to civil lawsuits in addition to criminal charges

Penalties can include jail time, fines, probation, no-contact orders, and permanent criminal records—even for a single post.

How a Criminal Defense Attorney Can Help

If you’ve been charged or contacted by police about something you posted:

✅ Challenge whether the post was truly threatening or criminal
✅ Argue for dismissal based on free speech protections
✅ Show lack of intent or context
✅ Negotiate reduced charges or diversion for first-time offenders
✅ Help seal or expunge your record if eligible

A lawyer can also guide you in removing harmful content and avoiding further legal exposure.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

Online posts can be taken out of context—but the consequences are real. If you're facing criminal charges related to something you posted online, don’t take risks with your future. With over 30 years of experience defending clients in Philadelphia and across Pennsylvania, Mark D. Hauser is ready to protect your rights in today’s digital world.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.