What is the legal line on physical threats?
Do the threats actually have to be said to the person who is being threatened? What if someone told someone else that they were being threatened and it was true? Are there different types of threats?
Answers:
no the victim can still be the victim if the threat is communicated to them by someone else.
Yes there are different types of crimes involving threats. In KS assault is putting someone in fear of imminent harm. That is a misdemeanor. If you threaten to kill or cause great bodily harm, that is call criminal threat and is a felony.
Most assaults are offences against the Offences Against the Person Act 1861. A threat is an assault:
"An assault is the intentional application of force to the person of another if the person threatening has, or the person threatened believes he has, present ability to effect his purpose".
Translated into English, if a person is threatened with violence and the person he is threatening believes that he can carry out the threat, it is an assault. This would be a Common Assault against section 42.
If the threat comes via a third person it is NOT a threat but could be considered harrassment under more recent legislation.
The legal line is that any threat, physical or otherwise, is seen as assault, threats to kill, breach of the peace and more...
My line is that any threat, physical or otherwise, you say to me, not to anyone else. Either way, threaten me and I will knock you on your bony *ss!!
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