What Constitutes a Criminal Threat?
- A statement or action that demonstrates a person's intent to harm another, and that causes mental distress to the threat's recipient.
- In order for a statement to be considered a criminal threat, the statement must usually be made in writing. A simple oral statement of intent is generally not enough for the threat to be considered a crime, although local laws will vary.
- Some jurisdictions consider blackmail a criminal threat. Blackmail is a statement of intended harm in an effort to overcome someone's will, for the intention of obtaining money from that person.
- Accusing another person of a crime can be a criminal offense. Threatening to accuse a person of a crime also includes taking the necessary steps, such as lying, to cause the person to be charged with the offense. Making statements to others that a threat has been made in an effort to gain money, when it hasn't, is also a criminal offense.
- Statutes exist that prohibit threats from creditors that can harm a person's credit or reputation. If a creditor sends a letter stating that a person's name will be published on a website or in print, unless the debt is paid, it is criminal threat.
- If a person is charged with a crime and another person attempts to compel the accused to act against his own will--such as committing perjury--it is a criminal threat. The guilt or innocence of the person who is threatened is not a defense.
Criminal Threat Defined
Requirements
Blackmail
False Accusation
Threats to Injure Credit or Reputation
No Defense
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