Key Takeaways
Truth is not always a defense. Posting true facts can still lead to charges like harassment or doxxing.
Sharing private details like an address or SSN may break Kentucky’s anti-doxxing law (KRS 525.085).
Penalties range widely. From 90 days in jail for harassment up to felony charges for extortion.
Say nothing and save everything. Don’t delete posts or contact the other person, instead reach out to Mashni Law, PLLC first.
Can You Go to Jail for Exposing Someone Online in Kentucky?
Exposing someone online can mean anything from posting private messages or personal information to making allegations on social media. While there are legitimate reasons to share information publicly, using the internet to harass, threaten, intimidate, or extort another person could result in criminal charges under Kentucky law.
Mashni Law focuses exclusively on criminal defense and represents clients facing internet-related criminal allegations throughout Kentucky. This guide explains when exposing someone online can lead to criminal charges, the Kentucky laws prosecutors may rely on, and what you should do if you are under investigation.
What Should You Do If You Are Accused of Exposing Someone Online?
If you learn that you are being investigated for exposing someone online, consider the following:
- Avoid deleting posts, messages, or accounts: Removing online content may eliminate information that provides important context or could later be relevant to your defense.
- Avoid contacting the complainant: Continuing the dispute or attempting to explain your actions could complicate the situation or create additional evidence.
- Preserve relevant electronic evidence: Save screenshots, messages, emails, and other communications that may help establish the full context of what occurred.
- Exercise your right to remain silent: If law enforcement contacts you, remember that anything you say could be used as evidence.
- Contact a Kentucky criminal defense attorney: Early legal guidance can help you understand the allegations, protect your rights, and determine the most appropriate response.
How Kentucky Law Treats Exposing Someone Online
Kentucky prosecutors may rely on several criminal statutes depending on what was shared, why it was shared, and the surrounding circumstances.
Harassing Communications (KRS 525.080)
Using text messages, emails, social media, or other electronic communications to harass, intimidate, annoy, or alarm another person without a legitimate purpose could result in criminal charges.
Dissemination of Personally Identifying Information (KRS 525.085)
Kentucky’s anti-doxxing law prohibits the unlawful dissemination of another person’s personally identifying information in certain circumstances, including when the dissemination is made with the intent required by the statute.
Cyberstalking (KRS 508.150)
Repeated online conduct that places another person in reasonable fear of injury or death may result in stalking charges if the legal requirements are met.
Theft by Extortion (KRS 514.080)
Threatening to expose private information, intimate images, or damaging allegations to obtain money or force someone to act may constitute theft by extortion.
The statute prosecutors rely on can have a significant impact on the potential penalties upon conviction.
Potential Penalties For Exposing Someone Online
The penalties in Kentucky for exposing someone online may include:
- Harassing Communications (Class B Misdemeanor): Up to 90 days in jail and a fine of up to $250.
- Dissemination of Personally Identifying Information (KRS 525.085): Penalties vary depending on the circumstances and the resulting harm. The statute also allows the alleged victim to pursue a civil lawsuit for damages and attorney’s fees.
- Second-Degree Stalking (Class A Misdemeanor): Up to 12 months in jail and a fine of up to $500.
- Theft by Extortion: The penalty depends on the value of the property or benefit sought, but the offence may be prosecuted as a felony carrying substantial fines and imprisonment.
Where Is the Line Between Free Speech and Criminal Conduct?
The First Amendment protects criticism, satire, and truthful statements about matters of public concern. Simply exposing or criticizing someone online is not automatically a crime, even if the post is offensive or embarrassing.
However, free speech does not protect conduct that violates Kentucky criminal law. For example, true threats, extortion, criminal harassment, stalking, and the unlawful dissemination of personally identifying information may all result in criminal charges if prosecutors can prove the required elements of the offence.
The distinction will often depend on the specific words used, the context in which they were written, and whether the communication was intended to threaten, intimidate, or cause harm. Because online statements can be interpreted in many different ways, depending on the circumstances, prosecuters must evaluate the full context rather than reyling on the offensive post alone.
How an Experienced Criminal Defense Attorney Can Help
Every case is different, and choosing the right criminal defense attorney is essential. The most effective defense depends on the allegations, the available evidence, and the statute involved. The criminal defense attorneys at Mashni Law may be able to:
Show There Was No Criminal Intent
Many internet-related offences require prosecutors to prove a specific criminal intent. Mashni Law can examine the context of the communication and the surrounding evidence to challenge whether the state can prove that intent beyond a reasonable doubt.
Demonstrating a Legitimate Purpose
Not every online post is unlawful. Where appropriate, Mashni Law can argue that the communication served a legitimate purpose, such as discussing a matter of public concern or engaging in protected speech.
Challenging the Digital Evidence
Internet crime cases often rely on screenshots, messages, and social media posts. Mashni Law can challenge the accuracy, authenticity, and context of this evidence while identifying weaknesses in the state’s case.
Frequently Asked Questions
Below are answers to some of the most common questions we receive from clients facing online crime charges in Kentucky.
Can you face criminal charges for posting true information about someone online?
Yes. Although truth is generally a defense to a civil defamation claim, it does not prevent criminal charges if the conduct satisfies the elements of offences such as harassment, doxxing, stalking, or extortion.
What is considered personally identifying information under Kentucky’s anti-doxxing law?
Personally identifying information includes details such as a person’s home address, date of birth, Social Security number, financial account information, credit card numbers, medical or biometric data, and other information protected by KRS 525.085. Whether a disclosure violates the law depends on the specific facts and the intent behind the publication.
Can someone sue you for doxxing in Kentucky?
Yes. In addition to potential criminal charges, Kentucky’s anti-doxxing law allows an affected individual to file a civil lawsuit seeking financial damages and reasonable attorney’s fees.
Can social media posts result in criminal charges?
Yes. Posts on platforms such as Facebook, Reddit, TikTok, Instagram, and X can lead to criminal charges if prosecutors believe the content violates Kentucky law, regardless of which platform was used.
Facing Charges After an Online Post? Contact Mashni Law
Kentucky’s internet crime laws can be complex. The criminal defense attorneys at Mashni Law have years of experience navigating statutes such as KRS 525.080, KRS 525.085, KRS 508.150, and KRS 514.080, and defending clients accused of internet-related offences.
Remember, you are presumed innocent unless and until the state proves your guilt beyond a reasonable doubt. To learn more about your legal options, contact our office today to schedule a consultation.