In today’s hyper-connected world, digital communication is as routine as breathing. From gaming chats to social media debates, online interactions have become deeply woven into the fabric of everyday life. While these platforms allow instant connectivity and expression, they open the door to new legal challenges. Words once confined to fleeting conversation now live permanently online—accessible, searchable, and sometimes weaponized.
In Virginia, legal systems are racing to keep pace with this shift. As casual banter escalates into online threats, defamation, or harassment, the law is increasingly stepping in to draw a hard line between free expression and criminal behavior. The internet is no longer a place where users can hide behind anonymity without consequence.
Under Virginia law, online actions can result in legal liability. Be aware of real-world examples, key statutes, and tips to protect yourself and others in the digital environment.
The Legal Landscape in Virginia
The ease of online interaction often leads to a “disinhibition effect,” where individuals say things they’d never utter in person. In places like social media platforms or gaming forums, this can transform simple disagreements into personal attacks or threats. The number of Americans engaged in online activity is staggering. As of January 2024, social media remains widely used among American adults, with 68 percent using Facebook and 50 percent using Instagram—highlighting the dominant role these platforms continue to play in daily digital interaction.
Contrary to popular belief, anonymity does not shield users from liability. Virginia law provides mechanisms to identify offenders through subpoenas to internet service providers or social media companies. A key statute is Virginia Code § 18.2-152.7:1, which classifies the malicious use of a computer to threaten or harass as a Class 1 misdemeanor—punishable by up to 12 months in jail and/or a $2,500 fine.
Online Harassment: When Banter Becomes a Crime
Online harassment includes repeated contact, obscene language, and communications meant to intimidate or frighten. Under Virginia law, computer harassment is explicitly criminalized. Courts consider whether there was intent to coerce or harass, which may elevate charges to a criminal level.
For instance, creating fake accounts to send harassing messages to an ex-partner could lead to charges under § 18.2-152.7:1, and if fear of bodily harm results, stalking charges under § 18.2-60.3 could apply.
Virginia’s laws governing student conduct have also begun to account for digital threats. While some claims previously referenced House Bill 1481, which relates to tax exemptions for internet infrastructure, the appropriate legal reference for school bullying—including cyberbullying—is found in § 22.1-276.01(A).
Digital Defamation: Libel and Slander Online
Defamation involves the online communication of a false statement that harms another’s reputation. This could include social media posts, business reviews, or public accusations online. Libel refers to written defamation, slander to speak.
In Virginia, a plaintiff must demonstrate:
- The statement was false and not an opinion,
- A third party published it,
- The defendant acted with clear negligence or malice (depending on the plaintiff’s status),
- It caused harm to reputation.
The scale of digital platforms amplifies the damage. A false review alleging criminal behavior could result in reputational and financial harm, supporting a libel suit. Defamation cases often hinge on proving actual damages, which can be complex when the harm is intangible.
Credible Threats in the Digital Sphere
A “credible threat” is one that a reasonable person would perceive as real and fear-inducing. In Virginia, such threats are prosecuted under Virginia Code § 18.2-60, covering threats of death or bodily injury communicated electronically.
These offenses are serious. Depending on the nature and recipient (e.g., school staff or students), they may be prosecuted as felonies. Prosecutors increasingly take online threats seriously due to their psychological and potential real-world impacts.
Emerging Legislation: Anonymity vs. Accountability
Anonymity has long been viewed as a double-edged sword—vital for free speech and a cover for abuse. Virginia lawmakers are now actively balancing these interests.
In 2025, the General Assembly passed Senate Bill 854, amending the Virginia Consumer Data Protection Act (VCDPA). Effective January 1, 2026, the law requires platforms to use age-screening mechanisms to detect users under 16 and obtain verifiable parental consent. Without it, minors will be limited to one hour of usage per day per platform.
Law enforcement or civil plaintiffs’ ability to unmask anonymous posters often involves court orders and must balance First Amendment protections. Civil subpoenas may require a prima facie case before a platform can be compelled to reveal an identity.
Identity Theft and Other Digital Crimes
Criminal misuse of personal data continues to rise across the U.S., including in Virginia. Identity theft often occurs when malicious actors obtain Social Security numbers, ID photos, banking details, or login credentials.
How the Law Protects Against Digital Fraud
Under Virginia Code § 18.2-186.3, identity theft is a Class 6 felony, punishable by significant fines and jail time.
According to Comparitech, around 20 percent of Americans were victims of identity fraud in 2021, highlighting the critical need for vigilant personal data protection.
Real-World Repercussions of Online Misconduct
Here are several real-world examples to illustrate how these laws apply in practice. Each highlights how online behavior, even when perceived as casual, can carry serious legal consequences.
Examples of Online Actions That Could Lead to Criminal or Civil Liability
Heated Gaming Chat Turns Threatening
A player sends repeated messages threatening physical violence. This could lead to a misdemeanor or felony under § 18.2-60.
Posting a False Review
A fake review accusing a business of illegal conduct may result in a libel lawsuit and significant financial penalties.
Using Fake Accounts to Harass an Ex
Harassing messages from fake profiles could result in charges under § 18.2-152.7:1 or stalking under § 18.2-60.3.
Non-Consensual Sharing of Images
Sharing private photos without consent can result in a Class 1 misdemeanor under § 18.2-386.2 and potential civil lawsuits.
Protect Yourself: Proactive Strategies for Online Safety
Before trouble begins, prevention remains the best approach. Being mindful of your online habits can dramatically reduce the risk of harassment, hacking, or legal complications.
Best Practices for Protecting Yourself Online
- Use strong, complex, and unique passwords and enable two-factor authentication.
- Avoid oversharing personal information, especially on public platforms.
- Tighten privacy settings on social media.
- Think before you post; content can be misinterpreted or manipulated.
- Avoid engagement with trolls—disengagement is often safest.
- Educate your children about cyber safety.
Take Action if You’re Targeted
If you’re a victim of online harassment or threats, documentation and swift action are crucial to your protection and legal options.
What to Do If You Are Targeted by Online Harassment
- Do not retaliate.
- Take screenshots of all relevant interactions with timestamps.
- Block the offender and report them to the platform.
- Inform a trusted friend or family member.
- Contact law enforcement and provide documentation.
- Seek legal counsel to comprehensively understand your rights under Virginia law.
In certain cases, criminal charges may be involved, making it critical to immediately consult an experienced lawyer. Whether you’re the victim of cyber harassment or facing allegations yourself, consulting a Virginia drunk driving attorney who offers comprehensive legal services can help you understand how legal defense strategies apply in digital and offline criminal cases.
Become a Mindful Digital Citizen Today
Digital platforms are now the central square for casual conversation and severe conflict. What you say online can—and increasingly does—have offline consequences. As Virginia continues to refine its laws to address evolving online behavior, digital responsibility has become more critical than ever.
Embracing mindful digital citizenship means being informed, respectful, and legally conscious. Reports from UNICEF show that nearly 1 in 3 young people globally have experienced online bullying. Meanwhile, the US-based Cybersecurity and Infrastructure Security Agency (CISA) underscores the importance of cybersecurity awareness and best practices for individuals and organizations. Through initiatives like the “Secure Our World” campaign, CISA promotes four key steps to enhance online safety: using strong passwords and a password manager, enabling multifactor authentication, recognizing and reporting phishing attempts, and keeping software updated. These measures aim to empower users to safeguard their digital lives proactively.
Fostering a respectful, safe, and law-abiding digital environment is a shared responsibility. Whether you’re a teen in a group chat or an adult managing a business profile, the law sees your digital presence as real—and so should you.
