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A threat is a communicated intent to inflict harm or loss on another person.Intimidation is widely observed in animal behavior (particularly in a ritualized form) chiefly in order to avoid the unnecessary physical violence that can lead to physical damage or the death of both conflicting parties. A threat is considered an act of coercion.
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 his or her will. In most US 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.
In Brazil, 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 in prison, as described in the Brazilian Penal Code, article 147. Brazilian jurisprudence does not treat as a crime a threat that was proffered in a heated discussion.
The German Strafgesetzbuch § 241 punishes the crime of threat with a prison term for up to one year or a fine. Even if someone, against his better judgment, feigns to another person that the realization of a serious criminal offense directed against him or a person close to him is imminent, shall be similarly punished.
In the United States, federal law criminalizes certain true threats transmitted via the U.S. mailor in interstate commerce. It also criminalizes threatening the government officials of the United States. Some U.S. states criminalize cyberbullying. Threats of bodily harm are called assault.'
In the state of Texas, it is not necessary that the person threatened actually perceive a threat for a threat to exist for legal purposes.
A true threat is a threatening communication that can be prosecuted under the law. It is distinct from a threat that is made in jest. The U.S. Supreme Court has held that true threats are not protected under the U.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.There is some concern that even satirical speech could be regarded as a "true threat" due to concern over terrorism.
The true threat doctrine was established in the 1969 Supreme Court case Watts v. United States .In that case, an eighteen-year-old male was convicted in a Washington, D.C. District Court for violating a statute prohibiting persons from knowingly and willfully making threats to harm or kill the President of the United States. The conviction was based on a statement made by Watts, in which he said, "[i]f they ever make me carry a rifle the first man I want to get in my sights is L.B.J." Watts appealed, leading to the Supreme Court finding the statute constitutional on its face, but reversing the conviction of Watts.
In reviewing the lower court's analysis of the case, the Court noted that "a threat must be distinguished from what is constitutionally protected speech."The Court recognized that "uninhibited, robust, and wideopen" political debate can at times be characterized by "vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials." In light of the context of Watts' statement - and the laughter that it received from the crowd - the Court found that it was more "a kind of very crude offensive method of stating a political opposition to the President" than a "true threat." In so holding, the Court established that there is a "true threat" exception to protected speech, but also that the statement must be viewed in its context and distinguished from protected hyperbole. The opinion, however, stopped short of defining precisely what constituted a "true threat."
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An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Generally, the common law definition is the same in criminal and tort law.
Defamation is the oral or written communication of a false statement about another that unjustly harms their reputation and usually constitutes a tort or crime. In several countries, including South Korea and Sweden, as well as the U.S. state of Louisiana, communicating a true statement can also be considered defamation.
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case. Standing exists from one of three causes:
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by putting the victim in 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".
The right of self-defense is the right for people to use reasonable force or defensive force, for the purpose of defending one's own life (self-defense) or the lives of others, including –in certain circumstances– the use of deadly force.
Schenck v. United States, 249 U.S. 47 (1919), was a landmark United States Supreme Court case concerning enforcement of the Espionage Act of 1917 during World War I. A unanimous Supreme Court, in an opinion by Justice Oliver Wendell Holmes Jr., concluded that defendants who distributed flyers to draft-age men urging resistance to induction could be convicted of an attempt to obstruct the draft, a criminal offense. The First Amendment did not alter the well-established law in cases where the attempt was made through expressions that would be protected in other circumstances. In this opinion, Holmes said that expressions which in the circumstances were intended to result in a crime, and posed a "clear and present danger" of succeeding, could be punished.
The defence of property is a common method of justification used by defendants who argue that they should not be held liable for any loss and injury that they have caused because they were acting to protect their property. Courts have generally ruled that the use of force may be acceptable.
Blackmail is an act of coercion using the threat of revealing or publicizing either substantially true or false information about a person or people unless certain demands are met. It is often damaging information, and may be revealed to family members or associates rather than to the general public. It may involve using threats of physical, mental or emotional harm, or of criminal prosecution, against the victim or someone close to the victim. It is normally carried out for personal gain, most commonly of position, money, or property.
In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the United States Constitution, many state constitutions, and state and federal laws. The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment and has recognized that governments may enact reasonable time, place, or manner restrictions on speech. The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, only prevents government restrictions on speech, not restrictions imposed by private individuals or businesses unless they are acting on behalf of the government. However, laws may restrict the ability of private businesses and individuals from restricting the speech of others, such as employment laws that restrict employers' ability to prevent employees from disclosing their salary with coworkers or attempting to organize a labor union.
Breach of the peace, or disturbing the peace, is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct.
Robinson v. California, 370 U.S. 660 (1962), is the first landmark decision of the United States Supreme Court in which the Eighth Amendment of the Constitution was interpreted to prohibit criminalization of particular acts or conduct, as contrasted with prohibiting the use of a particular form of punishment for a crime. In Robinson, the Court struck down a California law that criminalized being addicted to narcotics.
In criminal law, incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense, where harm is intended but may or may not have actually occurred.
Virginia v. Black, 538 U.S. 343 (2003), is a First Amendment case decided in the Supreme Court of the United States. Three defendants were convicted in two separate cases of violating a Virginia statute against cross burning. In this case, the Court struck down that statute to the extent that it considered cross burning as prima facie evidence of intent to intimidate. Such a provision, the Court argued, blurs the distinction between proscribable "threats of intimidation" and the Ku Klux Klan's protected "messages of shared ideology." However, cross-burning can be a criminal offense if the intent to intimidate is proven. It was argued by former Solicitor General of Virginia, William Hurd.
Duress in English law is a complete common law defence, operating in favour of those who commit crimes because they are forced or compelled to do so by the circumstances, or the threats of another. The doctrine arises not only in criminal law but also in civil law, where it is relevant to contract law and trusts law.
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender.
Articles 1191-1194 and 1196 of the Texas Penal Code were the portions of the 1961 Texas Penal Code that were challenged and held to be unconstitutional in the landmark U.S. Supreme Court case of Roe v. Wade.
Threatening the president of the United States is a federal felony under United States Code Title 18, Section 871. It consists of knowingly and willfully mailing or otherwise making "any threat to take the life of, to kidnap, or to inflict bodily harm upon the president of the United States". This also includes presidential candidates and former presidents. The United States Secret Service investigates suspected violations of this law and monitors those who have a history of threatening the president. Threatening the president is considered a political offense. Immigrants who commit this crime can be deported.
In the United States, criminal anarchy is the crime of conspiracy to overthrow the government by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means. The advocacy of such doctrine either by word of mouth or writing is a felony in many U.S. states. Circa 1955, the United States Solicitor General said that forty-two States plus Alaska and Hawaii had statutes which in some form prohibited advocacy of the violent overthrow of established government.
A true threat is a threatening communication that can be prosecuted under the law. It is distinct from a threat that is made in jest. The U.S. Supreme Court has held that true threats are not protected under the U.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. There is some concern that even satirical speech could be regarded as a "true threat" due to concern over terrorism.
Exceptions to free speech in the United States refers to categories of speech that are not protected by the First Amendment. According to the Supreme Court of the United States, the U.S. Constitution protects free speech while allowing for limitations on certain categories of speech.