When Does “Creepy” Become Criminal?

A sinister-looking Cat in the Hat stands beside a highway sign pointing toward Owingsville.

The image is dark. The character bears little resemblance to the cheerful children's-book figure generations grew up with. Across the bottom are four simple words:

“Hi there bath county.”

Creepy? Certainly.

Disturbing? Depending upon whom you ask.

But is it a threat?

And more importantly, is it a crime?

Those questions are becoming increasingly relevant as a viral social-media trend involving AI-generated and digitally manipulated images of a frightening version of the Cat in the Hat spreads across the country.

Some versions are substantially more concerning than others. Posts associated with the trend have reportedly referenced particular communities, schools and individuals, prompting police investigations and increased security. Authorities elsewhere have warned that using the trend to make actual threats can result in criminal charges.

There is an important distinction, however, between investigating something suspicious and determining that someone committed a crime.

And there is an equally important distinction between something that frightens people and an actual threat.

America has encountered this issue before.

In 2016, America experienced another bizarre phenomenon.

People dressed as creepy clowns began appearing along roads, near businesses and in other public places. Social media fueled rumors and sightings, parents became frightened, schools issued warnings and police departments responded.

In some communities, existing laws prohibiting masks or disguises suddenly became particularly relevant.

One of those communities was Mt. Sterling, Kentucky.

While researching the current Cat in the Hat phenomenon, The Morehead Minute submitted an Open Records Request to the City of Mt. Sterling seeking a copy of its mask ordinance.

City Clerk Jeanette C. Bertram promptly provided it.

The ordinance is Ordinance 213-93, adopted in 1993.

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