LAW 532-001 – Constitutional Law II

Threat


A true threat is a statement where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence ot a particular individual or group of individuals.

The most important element is the intent to put in fear.

Intent to carry out the threatened action is not needed.

The Supreme Court has not ruled whether knowledge or recklessness would be a sufficient mens rea.