Legal Question in Criminal Law in California
What is a threat?
I am a little confused on what is considered a threat with respect to both federal and CA state law. A certain anti-war website puts up things in bad taste like ''A good troop is a dead troop'' and ''Bring the troops back....in bodybags'' and things of that nature. Is this considered illegal under either federal or state law?
3 Answers from Attorneys
Re: What is a threat?
In state court a threat is a statement made to a person that threatens to cause death or serious bodily injury and that threat is taken seriously and the "victim" is put in fear of the target of the statement. Yhe statements you mention do not say that he will DO any act to cause someone's harm and , at least in state court, I do not believe, would constitue a criminal threat pursuant to 422 of the penal code. Thank You for asking...David Wallin.. You may view our website at www.wallinlaw.com
Re: What is a threat?
Probably not, since no specific act was directed or sought at any specific person. However, these malevolent wretches are not behaving 'in bad taste', they are dancing willingly with treason and sedition. Look up the definitions. If they had said and advocated such things during the prior US history in wartime they would have suffered swift and sure punishment by authorities and decent civil society. Whether or not you have friends and family in the military today 'in harm's way' to protect you and your country, you should exercise your free speech rights to express your views on the conduct of these people.
Re: What is a threat?
Probably not, since no specific act was directed or sought at any specific person. However, beyond that legal answer, these people are not behaving 'in bad taste', they are malevolent wretches dancing willingly with treason and sedition. Look up the definitions of those four words. If they had said and advocated such things during the prior US history in wartime they would have suffered swift and sure punishment by authorities and decent civil society. Whether or not they agree with the war we are in, these people have no moral grounds to advocate and express joy over the death and injury of our countrymen. Those with strong feelings may certainly exercise their free speech rights to express their views, but this conduct is quite immoral [another word not much used today].
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