Threat
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A threat is a communication of intent to inflict harm or loss on another person.[1][2] Intimidation is a tactic used between conflicting parties to make the other timid or psychologically insecure for coercion or control. The act of intimidation for coercion is considered a threat.
Threatening or threatening behavior (or criminal threatening behavior) is the crime of intentionally or knowingly putting another person in fear of bodily injury.[3]
Some of the more common types of threats forbidden by law are those made with an intent to obtain a monetary advantage or to compel a person to act against their will. In most U.S. states, it is an offense to threaten to (1) use a deadly weapon on another person; (2) injure another's person or property; or (3) injure another's reputation.[4]
Law
[edit]Brazil
[edit]In Brazil, the crime of threatening someone, defined as a threat to cause unjust and grave harm, is punishable by a fine or three months to one year in prison, as described in the Brazilian Penal Code, article 147. Brazilian does not treat as a crime a threat that was proffered in a heated discussion.
Germany
[edit]The German Strafgesetzbuch § 241 punishes the crime of threat with a prison term for up to three years or a fine.
United States
[edit]In the United States, federal law criminalizes certain true threats transmitted via the U.S. mail[5] or in interstate commerce. It also criminalizes threatening the government officials of the United States. Some U.S. states criminalize cyberbullying. Threats of bodily harm are considered assault.
State of Texas
[edit]In the state of Texas, it is not necessary that the person threatened actually perceive a threat for a threat to exist for legal purposes.[6][7]
True threat
[edit]A true threat is threatening communication that can be prosecuted under the law. It is distinct from a threat that is made in jest. The U.S. Supreme Court has held that true threats are not protected under the U.S. Constitution based on three justifications: preventing fear, preventing the disruption that follows from that fear, and diminishing the likelihood that the threatened violence will occur.[8]
See also
[edit]
References
[edit]- ^ "threat". Oxford English Dictionary (Online ed.). Oxford University Press. (Subscription or participating institution membership required.)
- ^ "threat". Merriam-Webster.com Dictionary. Merriam-Webster.
- ^ "Threat of Harm Law and Legal Definition". uslegal.com. USLegal.
- ^ Phelps and Lehman, Shirelle and Jeffrey (2005). West's Encyclopedia of American Law. Detroit: Gale Virtual Reference Library. p. 27.
- ^ 18 U.S.C. § 876
- ^ Olivias v. State of Texas, 203 S.W. 3d 341 (Tex. Crim. App. 2006) Citing McGowan v. State of Texas, 664 S.W. 2d 355 at 357 (Tex. Crim. App. 1984). https://law.justia.com/cases/texas/court-of-criminal-appeals/2006/pd-1936-04-7.html
- ^ 2 Wayne R. LaFave, Substantive Criminal Law §16.3(b) at 568 (2d ed. 2003).
- ^ Toward an Improved True Threat Doctrine for Student Speakers; Stanner, Andrew P., vol. 81, N.Y.U. L. Rev., 2006, p. 385
