Menacing or brandishing is a criminal offense in many

U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sov ...

s 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 A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resul ...

for offenders with a prior menacing charge.

Self-defense Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in ...

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 r ...

laws.

Laws by state

Idaho

Idaho Idaho ( ) is a state in the Pacific Northwest region of the Western United States. To the north, it shares a small portion of the Canada–United States border with the province of British Columbia. It borders the states of Montana and Wyomi ...

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

New York State New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. sta ...

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; punishable with up to one year incarceration,

probation Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...

for an extended time, and a permanent

criminal record A criminal record, police record, or colloquially RAP sheet (Record of Arrests and Prosecutions) is a record of a person's criminal history. The information included in a criminal record and the existence of a criminal record varies between coun ...

) when they threaten to cause physical harm to another person, and guilty of aggravated harassment in the first degree (a

Class E felony United States federal probation and supervised release are imposed at sentencing. The difference between probation and supervised release is that the former is imposed as a substitute for imprisonment, or in addition to home detention, while th ...

) 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

References

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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