# Is it legal to threaten someone? **URL:** \ **Category:** Factual Questions\ **Created:** [March 10, 2010, 12:50am UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936 "2010-03-10T00:50:21Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Sailboat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sailboat/32/461_2.png) [@Sailboat](https://boards.straightdope.com/u/Sailboat)\ **Post date:** [March 10, 2010, 12:50am UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936/1 "2010-03-10T00:50:21Z")
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? ---
**Author:** ![Hairy\_Bob](https://avatars.discourse-cdn.com/v4/letter/h/ecc23a/32.png) [@Hairy\_Bob](https://boards.straightdope.com/u/Hairy_Bob)\ **Post date:** [March 10, 2010, 12:54am UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936/2 "2010-03-10T00:54:44Z")
No idea about your country, but in the UK it is a crime to make threats to kill, I’ve read of a case or two where it was mentioned as a charge. Wouldn’t know about general threatening though. ---
**Author:** ![KneadToKnow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kneadtoknow/32/3999_2.png) [@KneadToKnow](https://boards.straightdope.com/u/KneadToKnow)\ **Post date:** [March 10, 2010, 12:56am UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936/3 "2010-03-10T00:56:17Z")
It’s a misdemeanor in North Carolina: [QUOTE=N.C. Gen. Stat. § 14-277.1.] **Communicating threats. (1999)** (a) A person is guilty of a Class 1 misdemeanor if without lawful authority: (1) He willfully threatens to physically injure the person or that person’s child, sibling, spouse, or dependent or willfully threatens to damage the property of another; (2) The threat is communicated to the other person, orally, in writing, or by any other means; (3) The threat is made in a manner and under circumstances which would cause a reasonable person to believe that the threat is likely to be carried out; and (4) The person threatened believes that the threat will be carried out. (b) A violation of this section is a Class 1 misdemeanor. [/QUOTE] This is not legal advice. ---
**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\ **Post date:** [March 10, 2010, 1:01am UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936/4 "2010-03-10T01:01:12Z")
I am not licensed in Virginia, but a quick google found this: [18.2-60 Virginia Criminal Code](http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-60) It seems to require some form of writing unless directed at a school official, but I suspect there may be other code sections dealing with oral threats. ---
**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\ **Post date:** [March 10, 2010, 1:08am UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936/5 "2010-03-10T01:08:14Z")
I’ll likely miss the edit window, so here’s more: [18.2-416](http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-416) \*If any person shall, in the presence or hearing of another, curse or abuse such other person, or use any violent abusive language to such person concerning himself or any of his relations, or otherwise use such language, under circumstances reasonably calculated to provoke a breach of the peace, he shall be guilty of a Class 3 misdemeanor. \* And a link to a table of contents for Virginia’s Criminal Code: [found here](http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC1802000) ---
**Author:** ![Mean\_Mr.Mustard](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mean_mr.mustard/32/3865_2.png) [@Mean\_Mr.Mustard](https://boards.straightdope.com/u/Mean_Mr.Mustard)\ **Post date:** [March 10, 2010, 1:47am UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936/6 "2010-03-10T01:47:24Z")
Threatening to harm someone is assault. Harming someone is battery. (U.S., here) > [@](#): > > In the meantime, what’s the Straight Dope on the legality of threats and following/harassing/scaring people? Edit: Taking _any_ action that makes a person feel threatened is, by definition, assault (as I understand it). ---
**Author:** ![susan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/susan/32/17537_2.png) [@susan](https://boards.straightdope.com/u/susan)\ **Post date:** [March 10, 2010, 2:18am UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936/7 "2010-03-10T02:18:39Z")
In Oregon, someone in a car threatened to mow me down. I called 911, who told me that this was not illegal. ---
**Author:** ![PatriotGrrrl](https://avatars.discourse-cdn.com/v4/letter/p/9dc877/32.png) [@PatriotGrrrl](https://boards.straightdope.com/u/PatriotGrrrl)\ **Post date:** [March 10, 2010, 3:16am UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936/8 "2010-03-10T03:16:44Z")
Its not legal in NH: > [@](#): > > 631:4 Criminal Threatening. – > I. A person is guilty of criminal threatening when: > (a) By physical conduct, the person purposely places or attempts to place another in fear of imminent bodily injury or physical contact; or > (b) The person places any object or graffiti on the property of another with a purpose to coerce or terrorize any person; or > (c) The person threatens to commit any crime against the property of another with a purpose to coerce or terrorize any person; or > (d) The person threatens to commit any crime against the person of another with a purpose to terrorize any person; or > (e) The person threatens to commit any crime of violence, or threatens the delivery or use of a biological or chemical substance, with a purpose to cause evacuation of a building, place of assembly, facility of public transportation or otherwise to cause serious public inconvenience, or in reckless disregard of causing such fear, terror or inconvenience; or > (f) The person delivers, threatens to deliver, or causes the delivery of any substance the actor knows could be perceived as a biological or chemical substance, to another person with the purpose of causing fear or terror, or in reckless disregard of causing such fear or terror. > II. (a) Criminal threatening is a class B felony if the person: > (1) Violates the provisions of subparagraph I(e); or > (2) Uses a deadly weapon as defined in RSA 625:11, V in the violation of the provisions of subparagraph I(a), I(b), I(c), or I(d). > (b) All other criminal threatening is a misdemeanor. > III. (a) As used in this section, ""property’’ has the same meaning as in RSA 637:2, I; ""property of another’’ has the same meaning as in RSA 637:2, IV. > (b) As used in this section, ""terrorize’’ means to cause alarm, fright, or dread; the state of mind induced by the apprehension of hurt from some hostile or threatening event or manifestation. ---
**Author:** ![MPB\_in\_Salt\_Lake](https://avatars.discourse-cdn.com/v4/letter/m/c0e974/32.png) [@MPB\_in\_Salt\_Lake](https://boards.straightdope.com/u/MPB_in_Salt_Lake)\ **Post date:** [March 10, 2010, 3:31am UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936/9 "2010-03-10T03:31:09Z")
> [@susan](#): > > In Oregon, someone in a car threatened to mow me down. I called 911, who told me that this was not illegal. Just because a 911 dispatcher (many who probably make 9 or 10 bucks an hour, none of whom have been to law school) tells you something, I am sure that you know it dosent make it factually true. I would bet that threatening to run someone over with an automobile is a crime in all 50 states in the USA… ---
**Author:** ![Maserschmidt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/maserschmidt/32/18829_2.png) [@Maserschmidt](https://boards.straightdope.com/u/Maserschmidt)\ **Post date:** [March 10, 2010, 3:46am UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936/10 "2010-03-10T03:46:36Z")
> [@MPB\_in\_Salt\_Lake](#): > > Just because a 911 dispatcher (many who probably make 9 or 10 bucks an hour, none of whom have been to law school) tells you something, I am sure that you know it dosent make it factually true. > > I would bet that threatening to run someone over with an automobile is a crime in all 50 states in the USA… I think this is exactly correct. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [March 10, 2010, 4:07am UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936/11 "2010-03-10T04:07:22Z")
The precise law will be different in each state, but I believe that in most cases it will hinge on whether the threatened person reasonably believes that the threat will be carried out. ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [March 10, 2010, 5:02am UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936/12 "2010-03-10T05:02:12Z")
Texas: > [@](#): > > § 22.07. TERRORISTIC THREAT. (a) A person commits an > offense if he threatens to commit any offense involving violence to > any person or property with intent to: > (1) cause a reaction of any type to his threat by an > official or volunteer agency organized to deal with emergencies; > (2) place any person in fear of imminent serious > bodily injury; > (3) prevent or interrupt the occupation or use of a > building, room, place of assembly, place to which the public has > access, place of employment or occupation, aircraft, automobile, or > other form of conveyance, or other public place; > (4) cause impairment or interruption of public > communications, public transportation, public water, gas, or power > supply or other public service; > (5) place the public or a substantial group of the > public in fear of serious bodily injury; or > (6) influence the conduct or activities of a branch or > agency of the federal government, the state, or a political > subdivision of the state. > (b) An offense under Subsection (a)(1) is a Class B > misdemeanor. > (c) An offense under Subsection (a)(2) is a Class B > misdemeanor, except that the offense is a Class A misdemeanor if the > offense: > (1) is committed against a member of the person’s > family or household or otherwise constitutes family violence; or > (2) is committed against a public servant. > (d) An offense under Subsection (a)(3) is a Class A > misdemeanor, unless the actor causes pecuniary loss of $1,500 or > more to the owner of the building, room, place, or conveyance, in > which event the offense is a state jail felony. > (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is > a felony of the third degree. > (f) In this section: > (1) “Family” has the meaning assigned by Section > 71.003, Family Code. > (2) “Family violence” has the meaning assigned by > Section 71.004, Family Code. > (3) “Household” has the meaning assigned by Section > 71.005, Family Code. > (g) For purposes of Subsection (d), the amount of pecuniary > loss is the amount of economic loss suffered by the owner of the > building, room, place, or conveyance as a result of the prevention > or interruption of the occupation or use of the building, room, > place, or conveyance. Or: > [@](#): > > § 42.072. STALKING. (a) A person commits an offense if > the person, on more than one occasion and pursuant to the same > scheme or course of conduct that is directed specifically at > another person, knowingly engages in conduct, including following > the other person, that: > (1) the actor knows or reasonably believes the other > person will regard as threatening: > (A) bodily injury or death for the other person; > (B) bodily injury or death for a member of the > other person’s family or household; or > (C) that an offense will be committed against the > other person’s property; > (2) causes the other person or a member of the other > person’s family or household to be placed in fear of bodily injury > or death or fear that an offense will be committed against the other > person’s property; and > (3) would cause a reasonable person to fear: > (A) bodily injury or death for himself or > herself; > (B) bodily injury or death for a member of the > person’s family or household; or > (C) that an offense will be committed against the > person’s property. > (b) An offense under this section is a felony of the third > degree, except that the offense is a felony of the second degree if > the actor has previously been convicted under this section. > (c) In this section, “family,” “household,” and “member of a > household” have the meanings assigned by Chapter 71, Family Code. ---
**Author:** ![The\_Second\_Stone](https://avatars.discourse-cdn.com/v4/letter/t/bbe5ce/32.png) [@The\_Second\_Stone](https://boards.straightdope.com/u/The_Second_Stone)\ **Post date:** [March 10, 2010, 6:25am UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936/13 "2010-03-10T06:25:43Z")
Threatening someone is the crime of assault and the tort of assault. The tort of assault is a civil matter. Supposedly this requires putting someone in immediate fear of harm, but a judge and jury would probably count phone calls and letters as within the definition and be upheld by a modern appellate court. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [March 10, 2010, 8:07am UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936/14 "2010-03-10T08:07:37Z")
It appears to be a federal crime in the United States. For example, in December, a well-known neo-Nazi was convicted on four counts of threatening individuals, as summarised here: [Virginia Neo-Nazi Convicted on Threat Charges](http://www.adl.org/learn/extremism_in_the_news/White_Supremacy/Virginia+Neo-Nazi+Convicted.htm?LEARN_Cat=Extremism&LEARN_SubCat=Extremism_in_the_News): > [@](#): > > A Roanoke, Virginia, man has been convicted in U.S. District Court on four counts of threatening and intimidating people located in the United States and Canada. > > On December 18, 2009, a jury convicted neo-Nazi leader Bill White, 32, on charges relating to threatening or intimidating four individuals. Specifically, White was found to have threatened a Citibank employee in Kansas City, Missouri; intimidated tenants in a Virginia Beach, Virginia, apartment complex, in an attempt to scare them from testifying in a housing discrimination case; threatened a University of Delaware administrator; and threatened a Canadian human rights attorney. And, the jury is currently deliberating in a federal District Court in New Jersey, where a radio show “shock jock” is facing charges of threatening three federal judges in Chicago: [U.S. Judges Testify in a Death Threat Case](http://www.nytimes.com/2010/03/03/nyregion/03hal.html). > [@](#): > > The witness — Richard A. Posner, one of the most prolific members of the federal judiciary and a judge in the federal appeals court in Chicago — kicked off a highly unusual day in United States District Court in Brooklyn. He and three other sitting judges from the same court in Chicago were prosecution witnesses. > > Their appearances created a stir on the second day of the second trial of Harold C. Turner, the incendiary Internet broadcaster, known as Hal, who is charged with making death threats against Judge Posner, Judge William J. Bauer and Judge Frank H. Easterbrook, after they upheld a handgun ban in Chicago. > > The three judges appeared one after the other to discuss their reactions to a blog written by Mr. Turner in June, which said “these judges deserve to be killed” and included their photos and work addresses. “If they are allowed to get away with this by surviving, other judges will act the same way,” he wrote. > > Judge Posner testified, “It’s obviously a threat.” ---
**Author:** ![BwanaBob](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bwanabob/32/2985_2.png) [@BwanaBob](https://boards.straightdope.com/u/BwanaBob)\ **Post date:** [March 10, 2010, 11:46am UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936/15 "2010-03-10T11:46:34Z")
> [@acsenray](#): > > The precise law will be different in each state, but I believe that in most cases it will hinge on whether the threatened person reasonably believes that the threat will be carried out. I’ve asked this before with no reasonable response. What if the threat is conditional and “reasonable”? For instance, someone may have been menacing your child. You say, "If I see you touch my child again, I will beat you up. AFAIC, this should be perfectly legal to say. However, saying, “If you wear a blue shirt, I will beat you up” shouldn’t be legal. ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [March 10, 2010, 12:01pm UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936/16 "2010-03-10T12:01:52Z")
> [@Northern\_Piper](#): > > It appears to be a federal crime in the United States. Simple assault is not a federal crime, but certain circumstances can involve federal jurisdiction. Threats against the federal judiciary, for instance. ---
**Author:** ![Wakinyan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wakinyan/32/352_2.png) [@Wakinyan](https://boards.straightdope.com/u/Wakinyan)\ **Post date:** [March 10, 2010, 12:23pm UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936/17 "2010-03-10T12:23:39Z")
It is illegal in Sweden too, to threaten somebody. As far as I know, as of recently, it is illegal to indirectly threaten somebody in some circumstances; for instance, if a couple of guys from Hells Angels put on their vests and ring somebody’s door bell and says that so-and-so wants the money you owe him, it is a considered a threat. If the same guys leaves the vests at home, it is not. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [March 10, 2010, 1:09pm UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936/18 "2010-03-10T13:09:50Z")
> [@BwanaBob](#): > > I’ve asked this before with no reasonable response. What if the threat is conditional and “reasonable”? For instance, someone may have been menacing your child. You say, "If I see you touch my child again, I will beat you up. > > AFAIC, this should be perfectly legal to say. > > However, saying, “If you wear a blue shirt, I will beat you up” shouldn’t be legal. I don’t see the difference here. In both cases you’re threatening someone with an illegal act. You can threaten something legal - “I’ll call thecops” or " I’ll sue" ---
**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\ **Post date:** [March 10, 2010, 1:42pm UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936/19 "2010-03-10T13:42:34Z")
> [@BwanaBob](#): > > I’ve asked this before with no reasonable response. What if the threat is conditional and “reasonable”? For instance, someone may have been menacing your child. You say, "If I see you touch my child again, I will beat you up. > > AFAIC, this should be perfectly legal to say. > > However, saying, “If you wear a blue shirt, I will beat you up” shouldn’t be legal. We have a court system that involves juries and judges to determine these legalities. If you can convince a jury saying ‘If I see you touch my child again, I will beat you up.’ is a reasonable thing to say it is not a crime. If a prosecutor can convince the jury saying “If you wear a blue shirt, I will beat you up” is a crime you will be sentenced for it. Someone on this board explained very simply ‘law is not an algebraic equation.’ If you do x the result is not always y. Our trial by peers determines what the results of x will be on a case by case basis. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [March 10, 2010, 2:08pm UTC](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936/20 "2010-03-10T14:08:12Z")
That’s a pretty serious misunderstanding of the jury system. [Next page](https://boards.straightdope.com/t/is-it-legal-to-threaten-someone/531936.md?page=2)