Yes but the law usually evaluates the application of a statute within the context of someone's mental state. This is why you are not guilty of battery when you trip and accidentally bump into someone. https://en.wikipedia.org/wiki/Mens_rea

That depends on the crime; several related crimes are only distinguished by intent. Negligence is itself a crime if it is the cause of a preventable death when the person has a reasonable obligation, such as when driving a vehicle.

I'm not really sure that this can be likened to a diary when it is called a "chat" but that's for the legal system to determine, not me sitting on my couch.