Threatening Facebook statuses can now be prosecuted in Florida

The MiamiHerald reports that in an apparent first in Florida law, a state appeals court ruled Monday that posting threats on one's personal Facebook page can be prosecuted under state law.

The 1st District Court of Appeal decided in a criminal case that a Facebook post could be considered a "sending" for the purposes of the "sending written threats to kill or do bodily harm" law, a second-degree felony.

Timothy Ryan O'Leary, had posted on his Facebook page in 2011 about a female relative and her same-sex partner. He had made threats including

"Tear the concrete up with your face and drag you back to your doorstep." and "You better watch how ... you talk to people. You were born a woman and you better stay one."

He received 10 years and 5 years of probation, appealed, and this was the outcome.

The case is O'Leary v. State of Florida, 1D12-0975.