The First Amendment of the U.S. Constitution grants people the right to free speech. Nonetheless, this is not as simple as people being able to say absolutely anything.
For example, some threats may not fall under the protections of the First Amendment. In fact, New York takes threatening behavior or “menacing” very seriously, and threats can lead to criminal charges.
When can a threat become a crime?
A credible threat that intends to cause harm or frighten someone may be considered a criminal offense. The word “credible” is important here, and law enforcement and prosecutors will consider context. For instance, something that can be clearly interpreted as a joke rather than a criminal threat will not be prosecuted.
The threat must also be plausible. It must have the potential to put any reasonable individual in the position of fearing for their safety. The threat must also be direct. For example, if someone said, “When I see you tomorrow, you are dead”, this may constitute a criminal threat. However, if the words uttered were more along the lines of, “You better watch your step,” this is unlikely to satisfy the requirement of being a clear and direct threat.
It’s important to note that the law applies to both online and offline behavior. An increasing number of individuals have been encouraged to carry out threats online due to the feeling of anonymity and dissociation from the receiver.
Aggravated threats
Certain types of threats are considered to be aggravated. These include threats accompanied by showing a deadly weapon and a threat to use of that weapon, terroristic threats and threats that specifically target protected groups based on their race, religion, sexuality and other characteristics.
The potential penalties for these charges in New York are serious. If you are facing accusations, it’s vital to seek legal guidance.
