Legal Question in Criminal Law in California
Death threat?
Does a prank phone call where someone says '' I want your soul'' in a cheesy scary voice constitute a death threat?
2 Answers from Attorneys
Re: Death threat?
If you are put in an apprehension of harm or fear you may wish to put a restraining order on the offender to prevent all contact from him. Call me or drop by the office to chat.
Re: Death threat?
Most case law concerning legal title to one's soul occurs in the context of breach-of-contract cases, see, e.g. Satan v. Jabez Stone (1841)(no relation to me as far as I know), better known as the case of the Devil and Daniel Webster. See also United States ex. rel. Mayo v. Satan, 54 F.R.D. 282 (D. Pa. 1971). These cases illustrate that, historically, custody of the soul is the subject only of post-mortem litigation. In this context, the utterance, "I want your soul" could be legally construed as merely an offer to enter into a contract, not a death threat, and no contract would be formed except upon acceptance. Of course every valid contract requires a "consideration"; the traditional price of a soul is the granting of one or more wishes during the offeree's lifespan. If the offeror lacks the ability to pay for the offeree's soul, then any contract would be void for lack of consideration.
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