Terms such as menacing, brandishment or brandishing refer to criminal offenses in many

U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its so ...

s which are generally defined as displaying a

weapon A weapon, arm, or armament is any implement or device that is used to deter, threaten, inflict physical damage, harm, or kill. Weapons are used to increase the efficacy and efficiency of activities such as hunting, crime (e.g., murder), law ...

with the intent of placing another person in fear of imminent physical injury or death.

The term "brandish" means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person.
— 18 U.S.C. § 924(c)(4).

Such implied threats can constitute

extortion Extortion is the practice of obtaining benefit (e.g., money or goods) through coercion. In most jurisdictions it is likely to constitute a criminal offence. Robbery is the simplest and most common form of extortion, although making unfounded ...

if used to coerce a decision. Depending on the jurisdiction, degrees of offense range from a

misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than admi ...

for first-time offenders, to low- to mid-level

felonies A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that ...

for offenders with a prior menacing charge.

Self-defense Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of Force (law), ...

is often explicitly given as an exception. The tangentially related crime of "Menacing By Stalking" was introduced as a new charge in some states following the popularization of laws specifically targeting

stalking Stalking is unwanted and/or repeated surveillance or contact by an individual or group toward another person. Stalking behaviors are interrelated to harassment and intimidation and may include following the victim in person or monitorin ...

behavior, in which a perpetrator adopts a long-term pattern of actions designed to frighten and harass a victim while still adhering to the letter of existing

harassment Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behavior that demeans, humiliates, and intimidates a person, and it is characteristically identified by its unlikelihood in terms of social and ...

laws.

Laws by state

Idaho

Idaho Idaho ( ) is a landlocked U.S. state, state in the Pacific Northwest and Mountain states, Mountain West subregions of the Western United States. It borders Montana and Wyoming to the east, Nevada and Utah to the south, and Washington (state), ...

, the law on menacing reads as follows: :TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3303. ::Exhibition or use of deadly weapon. Every person who, not in necessary self-defense, in the presence of two (2) or more persons, draws or exhibits any deadly weapon in a rude, angry and threatening manner, or who, in any manner, unlawfully uses the same, in any fight or quarrel, is guilty of a misdemeanor. History: 8-3303, added 1972, ch. 336, sec. 1, p. 911.

New York

New York State New York, also called New York State, is a state in the northeastern United States. Bordered by New England to the east, Canada to the north, and Pennsylvania and New Jersey to the south, its territory extends into both the Atlantic Ocean and ...

, a person threatening another person with imminent injury without engaging in physical contact is called "menacing". A person who engages in that behavior is guilty of aggravated harassment in the second degree (a Class A misdemeanor; punishable with up to one year

incarceration Imprisonment or incarceration is the restraint of a person's liberty for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is considered " false imprisonment". Impri ...

probation Probation in criminal law is a period of supervision over an offence (law), offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incar ...

for an extended time, and a permanent

criminal record A criminal record (not to be confused with a police record or arrest record) is a record of a person's criminal Conviction, convictions history. The information included in a criminal record, and the existence of a criminal record, varies betwe ...

) when they threaten to cause physical harm to another person, and guilty of aggravated harassment in the first degree (a Class E felony) if they have a previous conviction for the same offense.

Ohio

Ohio Ohio ( ) is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Lake Erie to the north, Pennsylvania to the east, West Virginia to the southeast, Kentucky to the southwest, Indiana to the ...

, the laws on menacing read as follows: :2903.22 Menacing. ::(A) 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. ::(...) :2903.21 Aggravated menacing. ::(A) No person shall knowingly cause another to believe that the offender will cause serious 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. ::(...) :2903.211 Menacing by stalking. ::(A) (1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or cause mental distress to the other person. ::(2) No person, through the use of any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, or computer system, shall post a message with purpose to urge or incite another to commit a violation of division (A)(1) of this section. ::(3) No person, with a sexual motivation, shall violate division (A)(1) or (2) of this section. ::(...)

Oregon

Oregon Oregon ( , ) is a U.S. state, state in the Pacific Northwest region of the United States. It is a part of the Western U.S., with the Columbia River delineating much of Oregon's northern boundary with Washington (state), Washington, while t ...

, the law on menacing states: :163.190 :Menacing ::(1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury. ::(2) Menacing is a Class A misdemeanor

References

{{reflist

External links

*US Legal, Inc. law dictionary. . *State of Colorado Penal Code Menacing Statute *State of New York Penal Code Menacing Statute *Louisville Courier-Journal. Metro Crime Data Center: Menacing. U.S. state criminal law