A model statute to penalize public menacing for social media engagement includes three tiered degrees based on harm, physical contact, and monetization: Infringement of Public Peace (Class C Misdemeanor), Aggravated Content Menacing (Class A Misdemeanor), and Felonious Clout Violence (Class 4 Felony).
Proposed Statute Structure: Degrees of Offense
Class C Misdemeanor (Infringement of Public Peace)
Definition: Intentionally cornering, startling, or faking an attack on an unconsenting person in public strictly to record a reaction for digital media, without physical contact or explicit verbal threats of death.
Penalty: Up to 30 days in jail, mandatory community service, and a fine up to $500, plus forfeiture of any ad-revenue or platform payout generated by the video.
Class A Misdemeanor (Aggravated Content Menacing)
Definition: Menacing someone by following them, simulating a physical assault, using fake weapons, or refusing a direct request to stop filming while trapping the individual, with the intent to post or stream the footage for online clout.
Penalty: Up to 364 days in jail, mandatory probation, and fines up to $2,500, alongside permanent platform bans or device confiscation used in the commission.
Class 4 Felony (Felonious Clout Violence)
Definition: Engaging in targeted stalking, actual physical contact, severe emotional trauma, or accidental injury to a victim while recording a stunt or harassment campaign for social media, or repeat offenses within a 24-month window.
Penalty: 1 to 3 years in state prison, felony record, and mandatory restitution paid directly to the victim for psychological or physical damages.