Think Before You Spit: Rap Lyrics & Criminal Defense

HOW LYRICS CAN LAND YOU IN TROUBLE

Artistic expression is protected, but not always. Increasingly, the government has utilized music videos, lyrics, and notes of such content, particularly rap, against clients in felony and misdemeanor trials. It's important for you to know how rap lyrics affect your criminal defense.

Real Life, Real Cases

As the public, we’ve seen this happen in several high-profile cases, such as Young Thug’s trial (resulting in an acquittal) and Tay-K’s trial (resulting in a guilty verdict).

There is an important distinction between the two. In Young Thug’s case (Georgia v. Jeffery Williams et al), his lyrics and videos were employed in an attempt to prove conspiracy charges, particularly with YSL’s behavior as a criminal enterprise and his affiliation with it.

In Tay-K’s case (The State of Texas v. Taymor McIntyre), his lyrics were used (in part) to prove his guilt in a first-degree murder charge, which he is currently serving. In particular, the song ‘The Race’ was used against him, including lyrics like ‘I woke up too moody- who gon’ die today’ and ‘You want action, you get turned into past tense’ were used not only as background information but as direct evidence of guilt for the crimes he committed.

Despite the different outcomes, the media sensation of these cases has spurred important conversations about rap and its use in court. Legislation like ‘The RAP Act’ has been introduced to limit the government’s use of a defendant’s artistic expression against them in court. However, those changes have yet to be made.

The Government Doesn’t see Lyrics As Just ‘Art’

-       Courts can treat rap lyrics as confessions or evidence of intent, especially when they closely reflect real-life crimes.

-       Judges may admit lyrics if they’re considered relevant to proving motive, knowledge, or a specific criminal act.

-       Music videos can also be used in court and may create bias in the minds of jurors.

-       While content like smoking, flashing cash, and displaying firearms isn’t illegal in D.C., it can still influence how a jury perceives the defendant.

-       Defense attorneys can request redactions, but they aren’t always effective, and jurors may still draw negative conclusions.

So What Can Be Used Against You?

-       Published Music & Videos: If your music and/or videos are published publicly, the government can access them to use against you in court. Whether on Soundcloud, Spotify, or YouTube, it can be used against you. Professional production or popularity means nothing except more attention by the government, as evidenced in Tay-K’s trial.

-       Your Phone: If your phone is seized during investigations, the government can access the contents of it, including notes, text messages, search histories, Instagram DMs, stories, posts, and much more.

-       Your Home: If your residence is searched during investigations, documents (including handwritten notes) and more physical evidence can also be obtained and used against you.

Know The Risks

You must never include details of real crimes—alleged or otherwise—in your lyrics. Think of your music like social media: once it’s out there, you can’t take it back.

If you find yourself in court with your own lyrics or videos being used against you, know that I have first-hand experience defending both my clients’ artistic expression and their legal rights.

The bottom line is this: if you’re facing charges, don’t talk about it in your music, talk to your lawyer! Artistic freedom matters, but protecting your actual freedom matters more. Think twice before you rhyme your real life into your next track.

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www.myattorneywagner.com I 202.492.4659 I law@myattorneywagner.com

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