Menacing or brandishing is a criminal offense in many
U.S. states generally defined as displaying a
weapon with the intent of placing another person in fear of imminent physical injury or death. Depending on state, 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 adm ...
for first-time offenders, to low- to mid-level
felonies for offenders with a prior menacing charge.
Self-defense 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 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 offensive nature. It is commonly understood as behavior that demeans, humiliates or embarrasses a person, and it is characteristically identified by its unlikelihood in terms of social and moral ...
laws.
Laws by state
Idaho
In
Idaho 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
In
New York State 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
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 admin ...
; punishable with up to one year
incarceration
Imprisonment 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 "false imprisonment". Imprisonment does not necessari ...
,
probation for an extended time, and a permanent
criminal record) 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
In
Ohio, 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
In
Oregon, 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
See also
*
Assault
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...
*
Battery
*
Coercion
Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desi ...
*
Domestic violence
Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner ...
*
Harassment
Harassment covers a wide range of behaviors of offensive nature. It is commonly understood as behavior that demeans, humiliates or embarrasses a person, and it is characteristically identified by its unlikelihood in terms of social and moral ...
*
Intimidation
*
Open carry in the United States
*
Reckless endangerment
*
Stalking
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