Legal Question in Sexual Harassment in California
What is a punishable threat?
In response to an email in which I felt threatened somewhat by someone I had previously been intimate with and wished to cease communication, I made a remark in poor taste and in heated emotion, ''My family members have guns and they'll find you.'' I even aluded this in jest in the context. The recipient of the email now states that my ''information has been forwarded.'' Is what I said punishable? What steps should I follow to protect myself?
3 Answers from Attorneys
Re: What is a punishable threat?
The more one tries to "correct" such a comment, the more one digs deeper. If I had received such an e-mail, I would have taken it as a threat! You might post a message for a criminal lawyer to get a phone number in case anything further should result.
The recipient could obtain a domestic violence restraining order against you based upon the e-mail and/or could report the matter to law enforcement for follow-up.
Re: What is a punishable threat?
You just opened yourself to state and federal criminal prosecution for terrorist threats, etc. Consult with counsel to decide whether to send a retraction and abject apology. Feel free to contact me for legal advice.
Re: What is a punishable threat?
Making threats is never appropriate. If you used company email you may have violated company policy regarding email communicaitons. Review your company policy and make sure you know what the rules are in your company.
It would be wise to secure local counsel to assist you if something develops
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