Intimidation

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Acted intimidation in professional wrestling

Intimidation is a behaviour and legal wrong which usually involves deterring or coercing an individual by threat of violence. [1] [2] It is in various jurisdictions a crime and a civil wrong (tort). Intimidation is similar to menacing, coercion, terrorizing [3] and assault in the traditional sense. [note 1]

Contents

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 [4] (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 of injury or harm, 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. [5]

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. [6] [7] 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." [8] 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. [9] 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 intimidat, 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." [10] 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. Intimidation related to prejudice and discrimination 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." [11]

Intimidation may manifest into coercion or threat with physical contacts, glowering countenance or in its own manner as emotional manipulation, verbal abuse, making someone feel lower than you, purposeful embarrassment and/or actual physical assault. "Behavior may become harassment 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." [11]

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. [12]

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. [13]

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. [14] [15] [16] [17] [18]

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, Intimidation is defined as follows: [19]

45-5-203. Intimidation.

(1) A person commits the offence of intimidation when, with the purpose to cause another to perform or to omit the performance of any act, the person communicates to another, under circumstances that reasonably tend to produce a fear that it will be carried out, a threat to perform without lawful authority any of the following acts:
(a) inflict physical harm on the person threatened or any other person;
(b) subject any person to physical confinement or restraint; or
(c) commit any felony.
(2) A person commits the offence of intimidation if the person knowingly communicates a threat or false report of a pending fire, explosion, or disaster that would endanger life or property.
(3) A person convicted of the offence of intimidation shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.

Several states have a crime called "ethnic intimidation". For instance, the law of the state of Michigan reads: [20]

750.147b Ethnic intimidation.

Sec. 147b.

(1) A person is guilty of ethnic intimidation if that person maliciously, and with the specific intent to intimidate or harass another person because of that person's race, colour, religion, gender, or national origin, does any of the following:
(a) Causes physical contact with another person.
(b) Damages, destroys or defaces any real or personal property of another person.
(c) Threatens, by word or act, to do any act described in subdivision (a) or (b), if there is reasonable cause to believe that an act described in subdivision (a) or (b) will occur.
(2) Ethnic intimidation is a felony punishable by imprisonment for not more than 2 years, or by a fine of not more than $5,000.00, or both.
(3) Regardless of the existence or outcome of any criminal prosecution, a person who suffers an injury to his or her person or damage to his or her property as a result of ethnic intimidation may bring a civil cause of action against the person who commits the offence to secure an injunction, actual damages, including damages for emotional distress, or other appropriate relief. A plaintiff who prevails in a civil action brought according to this section may recover both of the following:
(a) Damages in the amount of 3 times the actual damages described in this subsection or $2,000.00, whichever is greater.
(b) Reasonable attorney fees and costs.

Crimes closely related to intimidation are menacing, coercion, terrorizing, [3] and assault. [note 1]

In California, making criminal threats is a wobbler and may be charged as either a misdemeanor or a felony under California Penal Code 422. [21] 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. [22] The plaintiff in the civil suit for intimidation may then secure remedies including an injunction or special and general damages. [22]

See also

Notes

  1. 1 2 The traditional common law 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 and battery articles.

Further reading

Related Research Articles

In the terminology of law, an assault is the act of causing physical harm or 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 result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.

Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft by its inherently violent nature ; whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words of Germanic origin, from Common Germanic raub "theft".

<span class="mw-page-title-main">Extortion</span> Criminal offense of obtaining benefit through coercion

Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion, although making unfounded threats in order to obtain an unfair business advantage is also a form of extortion.

The following outline is provided as an overview of and topical guide to criminal justice:

Burglary, also called breaking and entering (B&E) and housebreaking, is the act of illegally entering a building or other areas without permission, typically with the intention of committing a further criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle, a term back-formed from the word burglar, or to burglarize.

A citizen's arrest is an arrest made by a private citizen – a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.

Battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating apprehension of such contact.

<span class="mw-page-title-main">Offences Against the Person Act 1861</span> UK criminal statute

The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828, incorporating subsequent statutes.

In criminal law, the term offence against the person or crime against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person.

The precise definitions of and punishments for aggravated sexual assault and aggravated rape vary by country and by legislature within a country.

The Pakistan Penal Code, abbreviated as PPC, is a penal code for all offences charged in Pakistan. It was originally prepared by Lord Macaulay with a great consultation in 1860 on behalf of the Government of British India as the Indian Penal Code. After the creation of Pakistan in 1947, Pakistan inherited the same code and subsequently after several amendments by different governments, in Pakistan it is now a mixture of Islamic and English Law. Presently, the Pakistan Penal Code is still in effect and can be amended by the Parliament of Pakistan.

Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.

<span class="mw-page-title-main">Revised Penal Code</span> Criminal code of the Philippines

The Revised Penal Code contains the general penal laws of the Philippines. First enacted in 1930, it remains in effect today, despite several amendments thereto. It does not comprise a comprehensive compendium of all Philippine penal laws. The Revised Penal Code itself was enacted as Act No. 3815, and some Philippine criminal laws have been enacted outside of the Revised Penal Code as separate Republic Acts.

<span class="mw-page-title-main">Death threat</span> Threat to kill

A death threat is a threat, often made anonymously, by one person or a group of people to kill another person or group of people. These threats are often designed to intimidate victims in order to manipulate their behaviour, in which case a death threat could be a form of coercion. For example, a death threat could be used to dissuade a public figure from pursuing a criminal investigation or an advocacy campaign.

<span class="mw-page-title-main">Threat</span> Indication of intent of harm

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 coercion is considered a threat.

A terroristic threat is a threat to commit a crime of violence or a threat to cause bodily injury to another person and terrorization as the result of the proscribed conduct. Several U.S. states have enacted statutes which impose criminal liability for "terroristic threatening" or "making a terroristic threat."

Terms such as menacing, brandishment or brandishing refer to criminal offenses in many U.S. states which are generally defined as displaying a weapon with the intent of placing another person in fear of imminent physical injury or death.

The term “brandish” means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person.
— 18 U.S.C. § 924(c)(4).

The Anti-Terrorism Act of 2001 is a New York criminal law passed in the wake of the September 11, 2001, terrorist attacks, that created a new section of the New York Penal Code for terrorism-related crimes, Article 490. The bill was introduced in a special session of the New York State Legislature on September 17, 2001. It was passed by overwhelming majorities of both houses and signed into law by Governor George Pataki the same day.

Rape laws vary across the United States jurisdictions. However, rape is federally defined for statistical purposes as:

Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Sexual consent plays an important role in laws regarding rape, sexual assault and other forms of sexual violence. In a court of law, whether or not the alleged victim had freely given consent, and whether or not they were deemed to be capable of giving consent, can determine whether the alleged perpetrator is guilty of rape, sexual assault or some other form of sexual misconduct.

References

  1. "intimidation". LII / Legal Information Institute. Retrieved July 26, 2023.
  2. "Definition of INTIMIDATE". www.merriam-webster.com. Retrieved November 18, 2022.
  3. 1 2 "Title 17-A, §210: Terrorizing". www.mainelegislature.org.
  4. Fein, Melvyn L. (October 31, 1999). The Limits of Idealism: When Good Intentions Go Bad. Springer Science & Business Media. pp. 100+. ISBN   978-0-306-46211-5.
  5. Black's law dictionary (9th ed.). St. Paul, MN: West. 2009. p. 737. ISBN   9780314199508.
  6. Spykman, Nicholas J. (July 12, 2017). America's Strategy in World Politics: The United States and the Balance of Power. Routledge. ISBN   978-1-351-53208-2. It is not only possible to break the will of a nation by depriving it of essential imports; it is also possible to force a state to surrender...
  7. Wegren, Stephen K. (November 16, 2018). Putin's Russia: Past Imperfect, Future Uncertain. Rowman & Littlefield. p. 285. ISBN   978-1-5381-1427-8.
  8. "Terroristic Threat Law and Legal Definition". uslegal.com. USLegal.
  9. Bolino, Mark C.; Turnley, William H. (2003). "Counternormative impression management, likeability, and performance ratings: the use of intimidation in an organizational setting". Journal of Organizational Behavior. 24 (2): 237–250. doi:10.1002/job.185. ISSN   0894-3796.
  10. Morrison, Eileen F. (1992). "A coercive interactional style as an antecedent to aggression in psychiatric patients". Research in Nursing & Health. 15 (6): 421–431. doi:10.1002/nur.4770150604. PMID   1448573.
  11. 1 2 "Harassment Law and Legal Definition". uslegal.com. USLegal.
  12. Randall Collins, Violence: A Micro-sociological Theory (2009)
  13. Simons, Kenneth W. (January 1, 2008). "Self-Defense: Reasonable Beliefs or Reasonable Self-Control?". New Criminal Law Review. 11 (1): 51–90. doi:10.1525/nclr.2008.11.1.51.
  14. Criminal intimidation in Indian law, accessed 12 July 2023.
  15. Criminal intimidation in Singapore law, accessed 12 July 2023.
  16. Criminal intimidation in Pakistani law, India Law Portal, accessed 12 July 2023.
  17. Criminal intimidation in Bangladesh law, India Law Portal, accessed 12 July 2023.
  18. Criminal intimidation in Malaysian law, India Law Portal, accessed 12 July 2023.
  19. Services, Dale Matheson, Montana Legislative. "45-5-203. Intimidation". leg.mt.gov. Archived from the original on August 10, 2020. Retrieved September 11, 2013.{{cite web}}: CS1 maint: multiple names: authors list (link)
  20. "Michigan Legislature - Section 750.147b". www.legislature.mi.gov.
  21. "California Penal Code 422". Archived from the original on November 8, 2016.
  22. 1 2 "ORS 30.198 - Civil action for intimidation - 2017 Oregon Revised Statutes". www.oregonlaws.org. Retrieved August 8, 2019.