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A threat is a communication of intent to inflict harm or loss on another person.
Intimidation
Intimidation is to "make timid or make fearful"; or to induce fear. This includes intentional behaviors of forcing another person to experience general discomfort such as humiliation, embarrassment, inferiority, limited freedom, etc and the victi ...
is a tactic used between conflicting parties to make the other timid or psychologically insecure for
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 ...
or control. The act of intimidation for coercion is considered as 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, definit ...
of intentionally or knowingly putting another person in fear of bodily
injury
An injury is any physiological damage to living tissue caused by immediate physical stress. An injury can occur intentionally or unintentionally and may be caused by blunt trauma, penetrating trauma, burning, toxic exposure, asphyxiation, o ...
. "
Threat
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 insecure for coercion or control. The act of intimidation for co ...
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."
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.
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
The current Penal Code of Brazil ( pt, Código Penal brasileiro) was promulgated in 1940, during the Estado Novo regime in the Vargas Era, and is in effect since January 1, 1942. It is the third codification of criminal law in the country's hist ...
, article 147. Brazilian
urisprudencedoes not treat as a crime a threat that was proffered in a heated discussion.
Germany
The German ''
Strafgesetzbuch
''Strafgesetzbuch'' (), 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 Reichstag which was largely identica ...
'' § 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.
United States
In the United States, 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. The U.S. Supreme Court has held that true threats are not protected under the U.S. Constitution based on three jus ...
s transmitted via the
U.S. mail
The United States Postal Service (USPS), also known as the Post Office, U.S. Mail, or Postal Service, is an independent agency of the executive branch of the United States federal government responsible for providing postal service in the U. ...
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 among ...
. It also criminalizes
threatening the government officials of the United States
Threatening the government officials of the United States is a felony under Law of the United States, federal law. Threatening the president of the United States is a felony under , punishable by up to 5 years of imprisonment, that is investigated ...
. Some U.S. states criminalize
cyberbullying
Cyberbullying or cyberharassment is a form of bullying or harassment using electronic means. Cyberbullying and cyberharassment are also known as online bullying. It has become increasingly common, especially among teenagers, as the digital ...
. Threats of bodily harm are considered
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 ...
.
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.
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. The U.S. Supreme Court has held that true threats are not protected under the U.S. Constitution based on three jus ...
is a
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 insecure for coercion or control. The act of intimidation for co ...
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 involve a point o ...
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, in 1789. Originally comprising seven articles, it delineates the natio ...
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
Bullying
Speech crimes
Psychological abuse