A threat is a
communication
Communication is commonly defined as the transmission of information. Its precise definition is disputed and there are disagreements about whether Intention, unintentional or failed transmissions are included and whether communication not onl ...
of intent to inflict
harm
Harm is a morality, moral and law, legal concept with multiple definitions. It generally functions as a synonym for evil or anything that is bad under certain moral systems. Something that causes harm is harmful, and something that does not is har ...
or loss on another person.
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 a threat.
Threatening or threatening behavior (or criminal threatening behavior) is the
crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...
of intentionally or knowingly putting another person in fear of bodily
injury
Injury is physiological damage to the living tissue of any organism, whether in humans, in other animals, or in plants.
Injuries can be caused in many ways, including mechanically with penetration by sharp objects such as teeth or with ...
.
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
Will may refer to:
Common meanings
* Will and testament, instructions for the disposition of one's property after death
* Will (philosophy), or willpower
* Will (sociology)
* Will, volition (psychology)
* Will, a modal verb - see Shall and will
...
. In most
U.S. 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.
Law
Brazil
In
Brazil
Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...
, 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 does not treat as a crime a threat that was proffered in a heated discussion.
Germany
The German ''
Strafgesetzbuch'' ยง 241 punishes the crime of threat with a prison term for up to three years or a fine.
United States
In the
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
, federal law criminalizes certain
true threats transmitted via the
U.S. mail or in
interstate commerce. It also criminalizes
threatening the government officials of the United States. Some U.S. states criminalize
cyberbullying. Threats of bodily harm are considered
assault
In the terminology of law, an assault is the act of causing physical harm or consent, unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may ...
.
State of Texas
In the state of
Texas
Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...
, it is not necessary that the person threatened actually perceive a threat for a threat to exist for legal purposes.
True threat
A
true threat is
threatening communication
A threat is a communication of intent to inflict harm or loss on another person. Intimidation is a tactic used between conflicting parties to make the other timid or psychologically Emotional security, insecure for coercion or control. The act ...
that can be prosecuted under the law. It is distinct from a threat that is made in jest. The
U.S. Supreme Court has held that true threats are not protected under the
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.
See also
References
{{Authority control
Harassment and bullying
Speech crimes
Psychological abuse