Threat

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 as 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. "Threat of harm generally involves a perception of injury...physical or mental damage...act or instance of injury, or a material and detriment or loss to a person."^[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 US 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

Brazil

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 [jurisprudence] does not treat as a crime a threat that was proffered in a heated discussion.

Germany

The German Strafgesetzbuch § 241 punishes the crime of threat with a prison term for up to three years or a fine.

United States

In the United States, federal law criminalizes certain

threatening the government officials of the United States. Some U.S. states criminalize cyberbullying. Threats of bodily harm are considered assault

.

State of Texas

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

A

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]

References

^ "threat". Oxford English Dictionary (Online ed.). Oxford University Press. (Subscription or participating institution membership required.)
^ "threat". Merriam-Webster.com Dictionary.
^ "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

[1] "threat". Oxford English Dictionary (Online ed.). Oxford University Press. (Subscription or participating institution membership required.)

[2] "threat". Merriam-Webster.com Dictionary.

[3] "Threat of Harm Law and Legal Definition". uslegal.com. USLegal.

[4] Phelps and Lehman, Shirelle and Jeffrey (2005). West's Encyclopedia of American Law. Detroit: Gale Virtual Reference Library. p. 27.

[5] 18 U.S.C. § 876

[6] 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

[7] 2 Wayne R. LaFave, Substantive Criminal Law §16.3(b) at 568 (2d ed. 2003).

[8] Toward an Improved True Threat Doctrine for Student Speakers; Stanner, Andrew P., vol. 81, N.Y.U. L. Rev., 2006, p. 385

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Law