Can a dark joke in a private Snapchat group really lead to felony charges in Indiana?
Do you need a criminal defense attorney just for saying something edgy online?
According to a recent Court of Appeals decision—not necessarily.
This is a case about the limits of the law, the power of free speech, and why Indiana courts aren’t in the business of criminalizing bad humor. While the accused in this case absolutely should’ve known better, he never should’ve been convicted.
Thankfully, the Indiana Court of Appeals agreed. They reversed the conviction, and in doing so, they sent a clear message: Felony intimidation is a serious crime—but that doesn’t mean every disturbing joke is a threat.
What Happened?
In the early morning hours, the accused sent a Snapchat message to a private group of around 20 people. The caption on the selfie?
“Now that I’ve showered and washed my sins away I can go and shoot up a preschool.”
Yes—he actually typed that.
It wasn’t sent to a school. It wasn’t shared publicly. It was directed to a private group that regularly exchanged “dark humor,” as several witnesses described it. According to the accused, it was part of an ongoing competition to make the most outrageous and offensive joke.
Snapchat’s algorithm flagged the message and kicked it over to the FBI’s National Threat Operations Center, who then notified local law enforcement. Even though there was no actual preschool in the area, law enforcement took the message seriously—and rightly so. They placed a nearby school on alert and tracked down the accused, who admitted to sending the message and immediately called it a “stupid joke”.
Felony Intimidation in Indiana: What the Law Says
Under Indiana law, a person commits felony intimidation if they communicate a threat with the intent to place another person in fear that the threat will be carried out—and that threat involves a forcible felony like violence or a shooting.
Here’s the catch: Intent matters. And so does communication.
For the State to win a felony intimidation case, prosecutors must prove:
- A clear threat was made;
- It was intentionally communicated in a way that would reach the person or group being threatened; and
- The accused intended to cause fear that the threat would actually happen.
None of those things were true in this case.
Why the Conviction Was Reversed
The Court of Appeals made it clear: There was no evidence the accused intended for anyone outside the private group to see the message—let alone be afraid of it.
There were no victims. No parents or school officials testified that they felt threatened. No one in the private group had any connection to a preschool. And there was no evidence the accused expected, or even hoped, that his message would get out into the world.
In short: There was no “true threat.”
The law isn’t about punishing people for being cringey, offensive, or dumb. It’s about punishing people who intentionally use threats to cause fear.
This wasn’t that.
What Does This Mean for Free Speech?
This case is a huge win for anyone who believes in free speech, due process, and actual justice under Indiana criminal law.
It shows that courts are still willing to draw a line between speech and crime—even when the speech is gross or unsettling.
The State tried to argue that just posting something online—anywhere—was enough to support felony intimidation. The Court of Appeals rejected that logic. Private communication, especially among friends who understand the context, isn’t the same as shouting fire in a crowded theater.
Key Takeaways from a Criminal Defense Attorney
- Felony intimidation is a serious charge, and convictions can carry real jail time—even if the “threat” wasn’t meant seriously.
- Free speech is protected, but that protection doesn’t mean you’re immune from being charged.
- Context matters. A private joke between friends isn’t the same as a public threat.
- Intent matters even more. The law punishes fear, not bad taste.
FAQ: Felony Intimidation and Free Speech in Indiana
Can you be charged with felony intimidation in Indiana for a joke?
Yes—but to convict you, the State must prove more than just a dumb joke. Indiana Code § 35-45-2-1 defines felony intimidation as a threat made with the intent to place someone in fear that a forcible felony will be carried out. Without clear intent and actual fear, a conviction shouldn’t hold up.
What counts as a “threat” under Indiana law?
According to IC 35-45-2-1(c)(1), a threat is “an expression, by words or action, of an intention to unlawfully injure the person threatened or another person.” But it must be communicated in a way that the speaker knows or reasonably believes will reach the target.
Do private group messages count as public threats?
Not necessarily. If your message is confined to a private group with no reasonable expectation that it will reach the alleged victim, the “communication” element of felony intimidation may not be satisfied.
What is a “true threat”?
Indiana courts define a true threat as something intended to place a person in fear—and which would reasonably do so. It doesn’t matter whether the speaker actually plans to follow through. What matters is intent to scare and the likelihood of causing fear.
What should I do if I’ve been charged with intimidation in Indiana?
Call a criminal defense attorney immediately. You don’t want to try explaining context or intent on your own. The wrong words can make things worse. A qualified attorney can evaluate your case, protect your rights, and help you fight back.
Don’t Let a Joke Ruin Your Life
The truth is, law enforcement treats all potential threats seriously—and they should. But that doesn’t mean every stupid message is a crime. If you’re being investigated, questioned, or charged because of something you said—don’t go it alone.
You need a team of criminal defense attorneys who understand the law, respect your rights, and know how to push back when the government overreaches.
Call the Marc Lopez Law Firm at 317-632-3642 today, and remember—
Always plead the 5th.
