Lancaster County Man Faces Stalking Charges For Texting Scary Clown Emoji

Did you hear about the Florida woman who got criminal charges for offering commercial sex because she texted a red rose emoji to an undercover police officer?  Yes, but that is Florida, where all kinds of nonsensical things happen.  What about the Florida man who got drug charges because he went on Grindr and texted emojis of ice cream and birthday cake?  Yes, but he also said that he wanted a date with Tina, and everyone knows that if you want a date with someone named Tina, you will not find her on Grindr, even if you promise to pick her up in an ice cream truck for your date.  People communicate in emojis these days, including in the communications that prosecutors present as evidence in criminal cases.  There is more than one possible interpretation for almost every speech act, especially emojis, which means that there is probably reasonable doubt as to whether your emoji-laden text message means what prosecutors say it means.  If prosecutors are alleging that your emojis constitute evidence of criminal intent, while you are young enough to know that a skull emoji means “lol” and not a memento mori, much less a death threat, contact a Pittsburgh criminal defense lawyer.

Does a Clown Emoji Constitute a Threat?

You know young people speak a different language when you consider that a skull emoji denotes laughter while a clown, once a widely acknowledged symbol for hilarity, implies menace.  If you are young enough that The Simpsons has been on longer than you have been alive, and if you were born after Tim Curry first frightened children and adults alike in his guise as Pennywise the Clown, then you know that clowns are no laughing matter.  No one mentions or represents a clown in the hopes of eliciting laughter.  Instead, they convey feelings of impending doom.  In the weeks leading up to Halloween in 2016, there were sightings of scary clowns outside people’s windows, and the Internet flew into a panic.  When a 19-year-old texts a clown emoji, he probably doesn’t have innocent laughter in mind.

In the News

Dominic Graham of East Earl is facing criminal charges for stalking a police officer and threatening him and his wife.  There has been bad blood between Graham, 19, and the officer, ever since a traffic stop in July 2024, when the officer issued Graham a traffic ticket.  At that time, Graham worked at Verizon, so he looked up the officer’s Verizon account and started sending text messages to the officer and his wife, some of which included clown emojis.   Given his young age, Graham may be eligible to enter a pretrial diversion program if he does not have any prior convictions.

Contact Gary E. Gerson About Criminal Defense Cases

A criminal defense lawyer can help you if you are facing criminal charges for sending text messages with emojis that prosecutors claim refer to crimes.  Contact the law offices of Gary E. Gerson in Pittsburgh, Pennsylvania about your case.

Source:

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