Legal Question in Criminal Law in Wisconsin
If my daughter writes a comment to a friend on Facebook that she would LIKE to line her fist up with another persons face, is that considered a threat or a comment? This was said between two friends and nobody else.
Asked on 8/28/13, 3:38 pm
1 Answer from Attorneys
Maury Beaulier612.240.8005
Minnesota Lawyers
It is clearly a threat. The question is whether it is a threat that is criminal in nature. The most common definition of a terroristic or criminal threat has five elements:
(1) Someone willfully threatens to commit a crime that will result in death or great bodily harm.
(2) The threat is made with the specific intent that it be taken as a threat.
(3) the threat displays a gravity of purpose.
(4) Fear is reasonable.
A comment on facebook is not likely to rise to that level.
Answered on 8/29/13, 10:03 am
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