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Wikipedia

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.

Threats can be subtle or overt. Actor Justus D. Barnes, in The Great Train Robbery

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 one year or a fine. Even if someone, against his better judgment, feigns to another person that the realization of a serious criminal offense directed against him or a person close to him is imminent, shall be similarly punished.[5]

United States

In the United States, federal law criminalizes certain true threats transmitted via the U.S. mail[6] 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.

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.[7][8]

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. 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.[9]

See also

References

  1. ^ "threat". Oxford English Dictionary (Online ed.). Oxford University Press. (Subscription or participating institution membership required.)
  2. ^ "threat". Merriam-Webster 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. ^ "Criminal Code (Strafgesetzbuch, StGB)". Retrieved April 19, 2014.
  6. ^ 18 U.S.C. § 876
  7. ^ 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
  8. ^ 2 Wayne R. LaFave, Substantive Criminal Law §16.3(b) at 568 (2d ed. 2003).
  9. ^ Toward an Improved True Threat Doctrine for Student Speakers; Stanner, Andrew P., vol. 81, N.Y.U. L. Rev., 2006, p. 385

threat, other, uses, disambiguation, threat, communication, intent, inflict, harm, loss, another, person, intimidation, tactic, used, between, conflicting, parties, make, other, timid, psychologically, insecure, coercion, control, intimidation, coercion, consi. For other uses see Threat disambiguation 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 Threats can be subtle or overt Actor Justus D Barnes in The Great Train Robbery 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 Contents 1 Law 1 1 Brazil 1 2 Germany 1 3 United States 1 3 1 State of Texas 1 3 2 True threat 2 See also 3 ReferencesLaw EditBrazil Edit 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 Edit The German Strafgesetzbuch 241 punishes the crime of threat with a prison term for up to one year or a fine Even if someone against his better judgment feigns to another person that the realization of a serious criminal offense directed against him or a person close to him is imminent shall be similarly punished 5 United States Edit In the United States federal law criminalizes certain true threats transmitted via the U S mail 6 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 State of Texas Edit 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 7 8 True threat Edit Main article 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 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 9 See also Edit Wikiquote has quotations related to Threat Look up threat in Wiktionary the free dictionary Anger Balance of threat Death threat Elonis v United States Emotional blackmail Extortion Intimidation Non credible threat Protection racket Threat computer ThrofferReferences Edit threat Oxford English Dictionary Online ed Oxford University Press Subscription or participating institution membership required threat Merriam Webster 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 Criminal Code Strafgesetzbuch StGB Retrieved April 19 2014 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 Retrieved from https en wikipedia org w index php title Threat amp oldid 1126039251, wikipedia, wiki, book, books, library,

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