Legal Question in Criminal Law in Massachusetts
If a kid age 17 were to threaten another kid 16 after a verbal argument the two had, what would the legal consequences be? Also what if the death threat were stated over Twitter? If the student who threatened the other had no intention of following through with it would there be any way to press charges?
1 Answer from Attorneys
In accordance with Massachusetts Jury Instructions: In order to prove the defendant guilty of this offense, the Commonwealth must prove three things beyond a reasonable doubt:
First: That the defendant communicated to the complainant an intent to injure her/his person or property, now or in the future;
Second: That the injury that was threatened, if carried out, would constitute a crime; and
Third: That the defendant made the threat under circumstances which could reasonably have caused the complainant to fear that the defendant had both the intention and the ability to carry out the threat.
The consequences: The kid could potentially be charged with a threat to commit a crime (see Mass.Gen.Laws.c. 275, sec. 2. 2, misdemeanor (magistrate hearing) 3, if there is probable cause, 3, charge will issue and the kid would be arraigned. 4, Whether over twitter, facebook, etc., is irrelevant,, if the person being threatened feared that the defendant "had both the intention and ability to carry out the threat." The fact that the individual had no intention is irrelevant it goes back too "if the complainant threatened feared that the defendant had both the intention and ability to carry out the threat..." Does not matter whether or not, the person making the threat meant it or not. As a side note, (as to proving beyond a reasonable doubt, without more, than posting on twitter and/or facebook, etc., the Commonwealth would have a hard time to prove their case and would be required to provide testimony regarding internet posting)
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