Threatening to injure someone over the telephone and across state lines is a federal offense. It carries up to five years in jail. If the threat is made with the intent to extort money, the penalty is up to 20 years.
Your statement is considered a threat under this law if a reasonable person would perceive it as a serious expression of your intent to hurt them. If your statement is one that would reasonably induce fear, it qualifies, regardless of whether you either intended to carry out the threat or had the capability to do so.
Sentences for federal crimes are imposed according to the Federal Sentencing Guidelines. If you are convicted of this crime, the court will consider, among other factors, the number of threats and whether there was any conduct showing an intent to carry out the threat. In the case of a single threat made with little or no deliberation, and with no conduct showing that you intended to carry out the threat, you might qualify for a lesser sentence.
You should contact a criminal defense attorney experienced in federal cases in your area to discuss the details of the case and what to do if you are contacted by the authorities. He or she can best advise you of possible defenses you may have if you are charged, as well as the most likely sentence under the guidelines should you be convicted.
Answered on Jan 14th, 2004 at 12:15 AM