I just got into an argument with someone who insists forcefully that it’s perfectly legal to threaten somebody else – the exact words were “you can tell someone you’re going to kill him; you can tell him HOW you’re going to kill him; and you can follow him around on the street.”
I tried to argue otherwise, but I lack the legal grounding to even know what to look up. But this sounds like complete crap to me. It seems self-evident that society would cease to function if it were true.
I’ve heard of “assault” being a threat the target believes may be imminently carried out (and assuming the person I was talking to is right and one CAN threaten people legally as long as one follows certain rules, I’m not sure how one could threaten to kill someone without running the risk they’d believe it was “imminent” and thus blundering into “assault.”)
I’ve heard of convictions for “making a terroristic threat”; my disputant claimed that was only if one threatens to use explosives.
I’ve heard of “putting in fear” but don’t know what the distinction is.
Presumably these would be state offenses, not federal, if threatening is (as I suspect) an offense at all; and this vary by jurisdiction? Still, it seems implausible to me that it’s legal to go around publicly threatening to kill people. My jurisdiction would be the greater Washington DC area (including Maryland and Virginia).
My thinking is that the person I was talking to has seen to many cases dropped for lack of evidence, or too many “he said/she said” arguments, and made the mistake of assuming that because it was not considered a solid enough case to prove in court, it is “permitted.”
I tried to search the Straight Dope, but putting a phrase in quotes does not seem to work; it found any post with “legal” in it even without “threaten”, and vice-versa.
I looked through a website on Virginia code, but I was doing a lot of scrolling without seeing anything that directly addressed one person threatening the life or limb of another; I was wandering through property law, evictions, and that sort of thing.
If there’s a better/easier way to find out this sort of thing, please educate me.
In the meantime, what’s the Straight Dope on the legality of threats and following/harassing/scaring people?