A quick look at Minnesota law shows that “trolling” is not a standalone crime, but many common trolling tactics—such as repeated threats, false impersonation, or mass harassment—fit within existing statutes. In 2026 the legislature added the Internet Harassment Act, which expands criminal and civil liability for online behavior that intentionally causes substantial emotional harm or threatens personal safety. So while a harmless joke may be legal, aggressive or deceptive trolling can now trigger both criminal charges and civil lawsuits.
Legal Framework
Minnesota’s traditional harassment provisions (Minn. Stat. §§ 609.06, 609.20) already cover repeated, unwanted contact that creates fear. The statutes require a pattern of conduct that a reasonable person would find threatening. In State v. Thompson, 772 N.W.2d 825 (2022), the court upheld a conviction where the defendant sent dozens of threatening messages over several weeks. The law does not name “trolling,” but any conduct that meets the elements of harassment, stalking, or intimidation is punishable by up to one year in jail and a $3,000 fine.
2026 Legislative Updates
The 2026 Session enacted Chapter 112, the Internet Harassment Act (IHA). Key provisions include:
- Section 1 creates a new misdemeanor for “digital intimidation” when a person knowingly spreads false, harmful rumors about another individual to a large online audience, causing measurable emotional distress. Penalties are up to 180 days jail and $2,500 fine.
- Section 2 upgrades persistent, targeted online threats to a gross misdemeanor if the victim is a minor, a protected class member, or an elected official.
- Section 3 allows victims to bring a civil action for damages up to $25,000 without proving actual monetary loss, only that the conduct caused substantial emotional harm.
- Section 4 requires social‑media platforms with more than 500,000 users to retain harassment reports for 90 days and to provide “prompt” removal of defamatory content upon verified request.
These changes were driven by a 2025 report that Minnesota saw a 27 percent rise in cyber‑bullying complaints filed with law‑enforcement agencies.
Potential Criminal Liability
A troll who repeatedly sends threatening messages, posts doxxing information, or impersonates another user can now be charged under the IHA or existing stalking statutes. The burden of proof is “beyond a reasonable doubt,” and prosecutors often rely on saved screenshots, IP logs, and victim testimony. Convictions can result in loss of driving privileges under Minnesota’s driver‑license point system for certain misdemeanors.
Civil Remedies
Victims may pursue a civil suit under Section 3 of the IHA even if the conduct does not rise to criminal level. Courts may award statutory damages, attorney fees, and injunctive relief requiring the defendant to delete offending content. In Doe v. TechForum 2026‑MN‑0145, the court granted a $15,000 judgment against a user who spread false rumors about the plaintiff’s employment status, finding the IHA applicable despite the defendant’s claim of “free speech.”
Best Practices for Online Conduct
- Document everything: screenshots, timestamps, and URLs strengthen any future claim.
- Report promptly: use platform tools and contact local law‑enforcement if threats are evident.
- Avoid retaliation: responding with additional harassment can expose you to liability.
- Know the limits of anonymity: Minnesota law can pierce IP‑address anonymity when a subpoena is issued.
- Educate yourself: attend community workshops on digital etiquette offered by the Minnesota Attorney General’s Office.
Is harmless “trolling” that causes no distress legal?
If the conduct does not meet the statutory elements of harassment, intimidation, or false impersonation, it remains legal. The key factor is whether a reasonable person would feel threatened or emotionally harmed.
Can a single offensive comment be prosecuted under the IHA?
No. The IHA requires a pattern of conduct or demonstrable substantial emotional harm. A one‑off comment, even if crude, generally falls outside criminal scope.
Does the IHA apply to private messages on messaging apps?
Yes. The statute does not distinguish between public and private digital communications; repeated threatening messages in private chats can trigger liability.
What penalties apply for a gross misdemeanor under the IHA?
A gross misdemeanor can carry up to one year in jail and a fine of up to $3,000, plus possible probation and a permanent criminal record.
Can a victim sue for emotional distress without proving financial loss?
Under Section 3 of the IHA, victims may recover up to $25,000 for emotional distress alone, provided they can show the conduct caused substantial harm.