Conviction for Threatening Facebook Comments Reinstated

After a conviction for threatening statements was overturned by the Supreme Court, the circuit court ruled that the failure to instruct the jury on the proper mental state element of the crime was merely a harmless error

 United States v. Elonis, 3d Cir., No. 12-3798, 10/28/16.

The Third Circuit reinstated the conviction of a man who posted threatening messages on Facebook, finding that the lack of instruction regarding intent in the jury instructions was a harmless error. A year before, the Supreme Court overturned the conviction due to the objective standard used to convict the defendant, which was the improper standard. The Court, in their reading of the statute, found that a subjective intent on part of the defendant must be established to meet the mental state element of the crime. On reversal, the Third Circuit found that the incorrect jury instructions regarding the defendant’s intent were ultimately a harmless error, not requiring reversal. The court pointed to the amount of evidence showing that the defendant knew his statements were directly terrifying specific individuals. The opinion stated, “The record contains overwhelming evidence demonstrating beyond a reasonable doubt that [the defendant] knew the threatening nature of his communications, and therefore would have been convicted absent the error.”

The Third Circuit, however, did not address whether a “recklessness” standard should be used to convict the defendant. The Supreme Court, in its decision, did not fully address the issue, although it was suggested in a concurring opinion. Rather than making a finding on the standard, the Third Circuit relied on its harmless error reasoning.

https://www.bloomberglaw.com/public/desktop/document/United_States_v_Elonis_No_123798_2016_BL_359855_3d_Cir_Oct_28_201?1478712044