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Athreat is acommunication of intent to inflictharm or loss on another person.[1][2]Intimidation is a tactic used between conflicting parties to make the other timid or psychologicallyinsecure forcoercion or control. The act of intimidation for coercion is considered a threat.
Threatening orthreatening behavior (or criminal threatening behavior) is thecrime of intentionally or knowingly putting another person in fear of bodilyinjury.[3]
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 theirwill. In mostU.S. 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.[4]
InBrazil, 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 inprison, as described in theBrazilian Penal Code, article 147. Brazilian does not treat as a crime a threat that was proffered in a heated discussion.
The GermanStrafgesetzbuch § 241 punishes the crime of threat with a prison term for up to three years or a fine.
In theUnited States, federal law criminalizes certaintrue threats transmitted via theU.S. mail[5] or ininterstate commerce. It also criminalizesthreatening the government officials of the United States. Some U.S. states criminalizecyberbullying. Threats of bodily harm are consideredassault.
In the state ofTexas, it is not necessary that the person threatened actually perceive a threat for a threat to exist for legal purposes.[6][7]
Atrue threat isthreatening communication that can be prosecuted under the law. It is distinct from a threat that is made in jest. TheU.S. Supreme Court has held that true threats are not protected under theU.S. Constitution based on three justifications: preventing fear, preventing the disruption that follows from that fear, and diminishing the likelihood that the threatened violence will occur.[8]
