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John B
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CanIn the US, can attaching a condition to a threat have any bearing on whether it's a true threat or not? In other words, is there are difference between the following threats, in terms of criminal law:

  • I'll hit you! (unconditional)
  • If you speak to me again, I'll hit you! (conditioned on something that the other person is perfectly entitled to do)
  • If you try to steal my car, I'll hit you! (conditioned on the other person's criminal behavior)
  • If you violate the 2nd law of thermodynamics, I'll hit you! (conditioned on something impossible)

Can attaching a condition to a threat have any bearing on whether it's a true threat or not? In other words, is there are difference between the following threats, in terms of criminal law:

  • I'll hit you! (unconditional)
  • If you speak to me again, I'll hit you! (conditioned on something that the other person is perfectly entitled to do)
  • If you try to steal my car, I'll hit you! (conditioned on the other person's criminal behavior)
  • If you violate the 2nd law of thermodynamics, I'll hit you! (conditioned on something impossible)

In the US, can attaching a condition to a threat have any bearing on whether it's a true threat or not? In other words, is there are difference between the following threats, in terms of criminal law:

  • I'll hit you! (unconditional)
  • If you speak to me again, I'll hit you! (conditioned on something that the other person is perfectly entitled to do)
  • If you try to steal my car, I'll hit you! (conditioned on the other person's criminal behavior)
  • If you violate the 2nd law of thermodynamics, I'll hit you! (conditioned on something impossible)
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John B
  • 183
  • 1
  • 6

Is a conditional threat still a true threat?

Can attaching a condition to a threat have any bearing on whether it's a true threat or not? In other words, is there are difference between the following threats, in terms of criminal law:

  • I'll hit you! (unconditional)
  • If you speak to me again, I'll hit you! (conditioned on something that the other person is perfectly entitled to do)
  • If you try to steal my car, I'll hit you! (conditioned on the other person's criminal behavior)
  • If you violate the 2nd law of thermodynamics, I'll hit you! (conditioned on something impossible)