If someone makes a verbal threat like "I am going to shoot you", "I should get my gun and shoot you", etc. what statues have they violated (state or federal) other than possibly disturbing the peace, etc. Would it qualify as a terrorist threat? Could a restraining oder be obtained over such a threat?
Thanks - TEX
Question for a legal eagle
Moderators: carlson1, Charles L. Cotton
Question for a legal eagle
There will be no peace until they love their children more than they hate us - Golda Meir
Re: Question for a legal eagle
This is a very subjective charge. People say things like, "I'm gonna kill you," in jest all the time. If the threat is made in a credible way, particular by a man to a woman, it could be the basis of a restraining order.Penal code § 22.07. TERRORISTIC THREAT. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:
(2) place any person in fear of imminent serious bodily injury;
This is a class B misdemeanor in general, and a class A misdemeanor if the target of the threat is a family member or public servant. It becomes a felony if the threat causes a substantial financial loss, such as a mall being closed.
- Jim
Fear, anger, hatred, and greed. The devil's all-you-can-eat buffet.