Threat Response Plan
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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 Intimidation is a behaviour and legal wrong which usually involves deterring or coercing an individual by threat of violence. It is in various jurisdictions a crime and a civil wrong (tort). Intimidation is similar to menacing, coercion, terro ...
is a tactic used between conflicting parties to make the other timid or psychologically
insecure Insecure may refer to: * Lack of security, in an objective sense: ** Risk ** Data security ** Computer security * Food insecurity * Insecurity (emotion), lack of confidence or self esteem Media * ''Insecure'' (TV series), a television series on ...
for
coercion Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. It involves a set of forceful actions which violate the free will of an individual in order to i ...
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. 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 states and a federal capital district, Washington, D.C. The 48 contiguous ...
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 A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, or remand center, is a facility where Prisoner, people are Imprisonment, imprisoned under the authority of the State (polity), state ...
, as described in the
Brazilian Penal Code The current Penal Code of Brazil () was promulgated in 1940, during the Estado Novo regime, and has been in effect since January 1, 1942. It is the third codification of criminal law in the country's history, succeeding those of 1830 and 1890. ...
, article 147. Brazilian does not treat as a crime a threat that was proffered in a heated discussion.


Germany

The German ''
Strafgesetzbuch ''Strafgesetzbuch'' (, literally "penal law book"), abbreviated to ''StGB'', is the German penal code. History In Germany the ''Strafgesetzbuch'' goes back to the Penal Code of the German Empire passed in the year 1871 on May 15 in Reichst ...
'' 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 threat A true threat is a threatening communication that can be prosecuted under the law. It is distinct from a threat that is made in jest, or a threatening remark that no reasonable person would perceive to be a genuine threat, intended to be acted upon ...
s transmitted via the
U.S. mail The United States Postal Service (USPS), also known as the Post Office, U.S. Mail, or simply the Postal Service, is an independent agency of the executive branch of the United States federal government responsible for providing postal servi ...
or in
interstate commerce The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
. It also criminalizes
threatening the government officials of the United States Threatening government officials is a felony in the United States, both physical threats and verbal threats are criminalized. Threatening the president is a separate felony. Cases will be investigated by the Federal Bureau of Investigation. and ...
. Some U.S. states criminalize
cyberbullying Cyberbullying (cyberharassment or online bullying) is a form of bullying or harassment using electronic means. Since the 2000s, it has become increasingly common, especially among teenagers and adolescents, due to young people's increased u ...
. 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 A true threat is a threatening communication that can be prosecuted under the law. It is distinct from a threat that is made in jest, or a threatening remark that no reasonable person would perceive to be a genuine threat, intended to be acted upon ...
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 The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
has held that true threats are not protected under the
U.S. Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constituti ...
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