Some YouTube Drama, a YouTuber I’ll call Able is threatening to go to another YouTuber I’ll call Bravo’s house (which is in another state) and Able is being vague about what they’ll do once they get there but in their words “It won’t be pretty”.
Bravo responded with “If you step a single foot on my property I’m shooting because I don’t know your intent”.
Now Able is claiming they’re calling the cops for Bravo making a “Death Threat” against themselves and also trying to get them pulled off YouTube and targeting their sponsors for this “Death threat”.
Barring the commercial concerns, could any police department actually consider that a “death threat” and take action against it? I’m curious how legally a death threat is considered if you’re only doing it in response to a person threatening you in the first place.
Credibly threatening to travel to another state to confront someone with the suggestion that the result “won’t be pretty” is almost the definition of a terroristic threat even if it isn’t explicit about violent intent; tt certainly indicates a seriousness of purpose that implies a potential for violence. Whether the target of the threat can respond by stating that they will shoot the hostile party in question is a matter of state law regarding defense of self and property; some states fully allow lethal force in defense of property, and so the statement is simply a confirmation of that right. Others require a “duty to retreat”, and so that statement could be taken as provocative and prejudicial, although if someone is crossing state lines and traveling considerable distance to do some unspecified harm, again it speaks to a hostile intent that will not be deferred by merely retreating from the immediate conflict.
On the balance, it is best to not let people know what your response is going to be to some threatened act of hostility beyond “I perceive what you are saying to be a threat and will respond as necessary to protect myself and my family from injury,” if that. It should go without saying that you shouldn’t put any threats on Youtube or any other online outlet because it makes perfect fodder for later civil and criminal litigation. This is why William Blackstone created lawyers (according to noted authority on history Philomena Cunk); to put threats into impenetrable and deniable legalese.
I have two friends that got into an arguement that carried over onto Facebook. The one friend posted that the other friend stole from him and that his day was coming soon and that others should not be near him when it does. The cops showed up and the post was taken down, that was the end of the their online flame war. No one went to jail but it was clear that the cops had told him to either take it down or suffer some sort of consiquence.
Something actionable has to happen. Words is words.
Say, A. did the drive and parked in front B’s house. That’s a full on threat.
If B decided to forestall A’s trip over and went to his house and hollered stuff in the line of “Here I am, come get me MF”, brandishing a weapon. Yep, illegal.
It’s nuanced with posts on a public forum. (And where you live).
If you take out a full page ad in a newspaper threatening to kill someone.
If you bought a billboard with a threat. A TV ad?
Posting online is the same thing.
According to where you live and how serious LE take it you may get in bad trouble posting threats and bad-mouthing folks online.
Facebook seems safe and friendly. I’ve heard awful crap that’s gone down there. I assure you, the jails are not full of Facebook bullies.
It’s not often taken serious but it could be.
Don’t threaten people. Especially online. With a billion witnesses. It may bite you in the ass.
IANAL but it seems to me ther is no “magic words” that do or don’t cross the line. A threat is a threat, and it is up to the courts (and the police) to decide if it is a specific threat. You can’t escape by saying “I never said ‘shoot’ so I’m clear”.
And the courts and police are not stupid, and likely to err on the side of caution for the safety of all.
Reminds me of the guy almost 20 years ago that drove cross country to burn down the house of the guy that called him a “nerd” on an online message board!
A threat can be a crime if it’s a true threat, which is a communication that’s intended to cause fear and can be prosecuted. The threat must be specific and clear, and it must be intended to be carried out, even if it’s not actually carried out.
(A)(1) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family. In addition to any other basis for the other person’s belief that the offender will cause physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family, the other person’s belief may be based on words or conduct of the offender that are directed at or identify a corporation, association, or other organization that employs the other person or to which the other person belongs.
The bad dog that bit me, on my deck, was taken from my yard by sheriff’s deputy who got bit as well, in the process. The owner flew up, skidded to a stop. He was arrested as law enforcement was there, but before and after, he was in the car screaming every mode murder he was gonna apply to us. Cursing, like no tomorrow.
They added “terroristic threatening” to his charge. He spent that night in lock-up.
Made a few more threats to my husband at the morning breakfast hang on(reported).
When they euthanized his dog, that I actively tried to get stopped, he made more threats around the tiny village. Of course we were told(reported).
At court the judge threw out all threat charges. He was found guilty of harboring, not keeping control of a vicious animal. A fine of something like $250 and ordered to pay my medical bills and the sheriff’s deputy.
He never paid anything.
She makes me feel like there is someone out there genuinely representing the average person in their knowledge, critical insight, and ability to (not) grasp essential facts about the world. I am hoping for a ‘Cunk on Cosmos’ series where she asks questions about where the Universe came from, why it is expanding, and how Albert Einstein measured the speed of light by riding his bicycle.
In GA, a drunk hillbilly came out of his house and aimed a shotgun at my head. We were in the public street. I remember “If you don’t leave, I will shoot you…”. After I got home I called the police. The officer asked what he said. He asked me what I did after he aimed it. I did not move. The guy was still drunk when the police arrived. He did not deny my story. The result. It was a conditional statement, so allowed. It is my responsibility to move when he aims at my head from 2 feet away. This is in writing in the report. I was shocked. Talked to his Supervisor. That’s how they do things in GA.
What did I do? I anonymously posted and put a notice in 100 mailboxes. Joe Smith threatened my son with a shotgun. Watch your children. With a picture and Email I could read. His wife was the president of the HOA. She lost her position.
With this in mind. Certainly you can say I will shoot you, IF you trespass on my property. Doing it is another question.
