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Intimidation is a behaviour and legal wrong which usually involves deterring or coercing an individual by threat of violence. It is in various
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
s a
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 ...
and a
civil wrong A civil wrong or wrong is a cause of action under civil law. Types include tort, breach of contract and breach of trust. Something that amounts to a civil wrong is wrongful. A wrong involves the violation of a right because wrong and right are ...
(
tort A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with cri ...
). Intimidation is similar to menacing,
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 ...
, terrorizing and
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 ...
in the traditional sense. This includes intentional behaviors of forcing another person to experience general discomfort such as humiliation, embarrassment, inferiority, limited freedom, etc and the victim might be targeted based on multiple factors like gender, race, class, skin color, competency, knowledge, wealth, temperament, etc. Intimidation is done for making the other person submissive (also known as cowing), to destabilize/undermine the other, to force compliance, to hide one's insecurities, to socially valorize oneself, etc. There are active and passive coping mechanisms against intimidation that include, but are not limited to, not letting the intimidator invade your personal dignity and space, addressing their behavior directly, understanding those behaviors as methods to bypass ethical norms and exploit fear as a means of securing compliance or dominance, or sometimes as final straws the person has to achieve their antisocial goals, avoiding the person, being cautious around them, honing breakaway skills, documenting, etc. Victims of intimidation would reasonably develop apprehension, experience
fear Fear is an unpleasant emotion that arises in response to perception, perceived dangers or threats. Fear causes physiological and psychological changes. It may produce behavioral reactions such as mounting an aggressive response or fleeing the ...
of
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 ...
or
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 ...
, etc from the unwanted behaviors or tools of intimidation that include, and not limited to, condescending, rudeness, sarcasm, disrespecting, patronizing, degrading, disparaging, etc. However, it is not legally necessary to prove that the behavior caused the victim to experience terror or panic. Intimidation as a political process is done through national level threats to compel or deter another country to operate in ways the intimidating country wants it to be, an example of political intimidation is putting an embargo on items that the target country depends through import for forcing their compliance. Certain second and third world countries use terrorism as an intimidation tactic. "A terroristic threat is a crime generally involving a threat to commit violence communicated with the intent to terrorize other." Personal intimidation is considered to be a management strategy to signal/inform potential rivals that they may face significant consequences if they act against the person in charge/management or to get workers in line. Certain forms of intimidation like sexual and racial ones are considered as criminal offense in several civilized countries.


Description

Intimidation is derived from the verb intimidate, and it comes from the Latin word , it means to "make timid." Intimidation is defined as an interaction style that emphasizes on "bullying, exploiting, or manipulating others, solely for one's own advantage." Intimidation may be employed consciously or unconsciously, and a percentage of people who employ it consciously may do so as the result of selfishly rationalized notions of its appropriation, utility or self-
empowerment Empowerment is the degree of autonomy and self-determination in people and in communities. This enables them to represent their interests in a responsible and self-determined way, acting on their own authority. It is the process of becoming strong ...
. Intimidation related to
prejudice Prejudice can be an affect (psychology), affective feeling towards a person based on their perceived In-group and out-group, social group membership. The word is often used to refer to a preconceived (usually unfavourable) evaluation or classifi ...
and
discrimination Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sex ...
may include conduct "which annoys, threatens, intimidates, alarms, or puts a person in fear of their safety...because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct." Intimidation may manifest into coercion or threat with physical contacts, glowering countenance or in its own manner as emotional manipulation,
verbal abuse Verbal abuse (also known as verbal aggression, verbal attack, verbal violence, verbal assault, psychic aggression, or psychic violence) is a type of Psychological abuse, psychological/mental abuse that involves the use of Oral language, oral or w ...
, making someone feel lower than you, purposeful
embarrassment Embarrassment or awkwardness is an emotional state that is associated with mild to severe levels of discomfort, and which is usually experienced when someone commits (or thinks of) a socially unacceptable or frowned-upon act that is witnessed ...
and/or actual physical assault. "Behavior may become
harassment Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behavior that demeans, humiliates, and intimidates a person, and it is characteristically identified by its unlikelihood in terms of social and ...
in forms of epithets, derogatory comments or slurs and lewd propositions, assault, impeding or blocking movement, offensive touching or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons." Threatening behaviors may be conceptualized as a maladaptive outgrowth of normal competitive urge for interrelational dominance generally seen in animals. Alternatively, intimidation may result from the type of society in which individuals are socialized, as human beings are generally reluctant to engage in confrontation or threaten
violence Violence is characterized as the use of physical force by humans to cause harm to other living beings, or property, such as pain, injury, disablement, death, damage and destruction. The World Health Organization (WHO) defines violence a ...
. Like all behavioral traits, it exists in greater or lesser manifestation in each individual person over time, but may be a more significant "compensatory behavior" for some as opposed to others. Behavioral theorists often see threatening behaviours as a consequence of being threatened by others, including parents, authority figures, playmates and siblings. For self-defense, use of force is justified when a person reasonably believes that it the force is necessary to defend themself or another against the immediate use of unlawful force.


As a criminal offense


India, Bangladesh, Pakistan, Malaysia & Singapore

Indian Penal Code (IPC), and penal codes of other nations based on IPC such as Singapore Penal Code, Malaysian Penal Code, Pakistan Penal Code, Bangladesh Penal Code, etc make the "criminal intimidation" a punishable offense under the section 503 to 506.Criminal intimidation in Indian law
accessed 12 July 2023.
Criminal intimidation in Singapore law
accessed 12 July 2023.
Criminal intimidation in Pakistani law
India Law Portal, accessed 12 July 2023.
Criminal intimidation in Bangladesh law
India Law Portal, accessed 12 July 2023.
Criminal intimidation in Malaysian law
India Law Portal, accessed 12 July 2023.


United States

"Intimidation" is the name of a criminal offence in several U.S. states. The definitions of the crime of Intimidation differ by state. In
Montana Montana ( ) is a landlocked U.S. state, state in the Mountain states, Mountain West subregion of the Western United States. It is bordered by Idaho to the west, North Dakota to the east, South Dakota to the southeast, Wyoming to the south, an ...
, Intimidation is defined as follows: Several states have a crime called "ethnic intimidation". For instance, the law of the state of
Michigan Michigan ( ) is a peninsular U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, Upper Midwestern United States. It shares water and land boundaries with Minnesota to the northwest, Wisconsin to the west, ...
reads: Crimes closely related to intimidation are menacing,
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 ...
, terrorizing, and
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 ...
.The traditional
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
definition of assault of putting the victim in fear/apprehension of harm is maintained in many states; in other states, assault is now defined as the contact itself, having replaced the traditional common law crime of battery. Further, in other states, assault may encompass both the threat and the contact. For more details, see the
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 ...
and battery articles.
In
California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
, making criminal threats is a wobbler and may be charged as either a misdemeanor or a felony under California Penal Code 422. A felony criminal threat is a strike under California's three strikes law.


As a civil offense


United States

Intimidation can also be a civil offense, in addition to a criminal offense, in some U.S. states. For example, in Oregon a violation of the state criminal statute for intimidation results in a civil violation. The plaintiff in the civil suit for intimidation may then secure remedies including an injunction or special and general damages.


See also


Notes


Further reading

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References


External links

{{Authority control Harassment and bullying Coercion Crimes Psychological abuse Psychological manipulation