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).
Such implied threats can constitute blackmail if used to coerce a decision. Depending on the jurisdiction, degrees of offense range from a misdemeanor for first-time offenders, to low- to mid-level felonies for offenders with a prior menacing charge.[1] Self-defense is often explicitly given as an exception.
The tangentially related crime of "Menacing By Stalking" was introduced as a new charge in some states following the popularization of laws specifically targeting stalking behavior, in which a perpetrator adopts a long-term pattern of actions designed to frighten and harass a victim while still adhering to the letter of existing harassment laws.
Laws by state
editIdaho
editIn Idaho the law on menacing reads as follows:
- TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3303.
- Exhibition or use of deadly weapon. Every person who, not in necessary self-defense, in the presence of two (2) or more persons, draws or exhibits any deadly weapon in a rude, angry and threatening manner, or who, in any manner, unlawfully uses the same, in any fight or quarrel, is guilty of a misdemeanor. History: [18-3303, added 1972, ch. 336, sec. 1, p. 911.][2]
New York
editIn New York State a person threatening another person with imminent injury without engaging in physical contact is called "menacing". A person who engages in that behavior is guilty of aggravated harassment in the second degree (a Class A misdemeanor; punishable with up to one year incarceration, probation for an extended time, and a permanent criminal record) when they threaten to cause physical harm to another person, and guilty of aggravated harassment in the first degree (a Class E felony) if they have a previous conviction for the same offense.[3][4][5][6]
Ohio
editIn Ohio, the laws on Menacing read as follows:
- 2903.22 Menacing.[7]
- (A) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family.
- (...)
- 2903.21 Aggravated menacing.[8]
- (A) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family.
- (...)
- 2903.211 Menacing by stalking.[9]
- (A) (1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.
- (2) No person, through the use of any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, or computer system, shall post a message with purpose to urge or incite another to commit a violation of division (A)(1) of this section.
- (3) No person, with a sexual motivation, shall violate division (A)(1) or (2) of this section.
- (...)
Oregon
editIn Oregon, the law on Menacing states:[10]
- 163.190
- Menacing
- (1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.
- (2) Menacing is a Class A misdemeanor
See also
editReferences
edit- ^ Gardner, Thomas J.; Anderson, Terry M. (2015). "11. Assault, Battery, and Other Crimes Against the Person". Criminal Law (12th ed.). Cengange Learning. p. 297. ISBN 978-1-285-45841-0. LCCN 2013947068 – via Google Books.
- ^ "Section 18-3303 – Idaho State Legislature".
- ^ "New York Consolidated Laws, Penal Law – PEN § 240.30 – FindLaw". findlaw.com. Retrieved 23 July 2018.
- ^ "New York Harassment Laws – FindLaw". findlaw.com. Retrieved 23 July 2018.
- ^ "Opinion – When Is a Threat a Criminal Act?". The New York Times. 2014-12-05. Retrieved 23 July 2018.
- ^ "Second Degree Aggravated Harassment". The Law Office of Crotty & Saland. Retrieved 23 July 2018.
- ^ "Lawriter - ORC - 2903.22 Menacing". codes.ohio.gov. Retrieved 2016-07-26.
- ^ "Lawriter - ORC - 2903.21 Aggravated menacing". codes.ohio.gov. Retrieved 2016-07-26.
- ^ "Lawriter - ORC". codes.ohio.gov. Retrieved 2016-07-26.
- ^ "163.190 Menacing". oregonlaws.com. Retrieved 27 July 2016.
External links
edit- US Legal, Inc. law dictionary. <http://definitions.uslegal.com/m/menacing/>.
- State of Colorado Penal Code Menacing Statute <http://www.state.co.us/gov_dir/leg_dir/sess1998/sbills98/sb096.htm>
- State of New York Penal Code Menacing Statute <http://www.nycourts.gov/judges/cji/2-PenalLaw/120/120-15.pdf>
- Louisville Courier-Journal. Metro Crime Data Center: Menacing. <http://datacenter.courier-journal.com/community/crime/type/menacing/3>