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Rusto

Rusto

Sicc OG
#81
Nov 2, 2002
8,185
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#81
you cant be charged with anything unless you did some "overt act" in furtherance of the crime(getting gasoline and matches and driving to the house, shit like that). Words alone arent enough. Its called the "substantial step test"
You could have made the threat on Oprah and it still wouldnt be enough to cahrge you for attempted arson or whatever. Threats arent anecessarily a crime

trust me i just had a law exam on this lol
 
MobbinINda916

MobbinINda916

Sicc OG
#82
Feb 10, 2009
7,979
8,053
113
South Sacramento
#82
Rusto said:
you cant be charged with anything unless you did some overt act in furtherance of the crime. Words alone arent enough. Its called the "substantial step test"
You could have made the threat on Oprah and it still wouldnt be enough to cahrge you for attempted arson or whatever. Threats arent anecessarily a crime

trust me i just had a law exam on this lol
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thats not true,making threats is a crime if the person who was threatened tells the police they feel unsafe after the threat was made.......if u tell somebody that u gonna put thier house on fire it is a terrorist threat
 
MizeryU

MizeryU

Sicc OG
#83
Dec 2, 2002
3,400
11
0
43
therealtechn9ne.com
#83
Rusto said:
you cant be charged with anything unless you did some "overt act" in furtherance of the crime(getting gasoline and matches and driving to the house, shit like that). Words alone arent enough. Its called the "substantial step test"
You could have made the threat on Oprah and it still wouldnt be enough to cahrge you for attempted arson or whatever. Threats arent anecessarily a crime

trust me i just had a law exam on this lol
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LOL@this muthafucka thinkin he knows somethin

and LOL@this thread...
 
Rusto

Rusto

Sicc OG
#84
Nov 2, 2002
8,185
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#84
MobbinINda916 said:
thats not true,making threats is a crime if the person who was threatened tells the police they feel unsafe after the threat was made.......if u tell somebody that u gonna put thier house on fire it is a terrorist threat
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that might be true but i dont think someones house falls under that catagory. I think it applies to schools/public buildings

Section 147. Criminal Threat Defined
A threat is any menace of such a nature and extent as to unsettle the mind of one on whom it operates and to take away from his acts that free, voluntary action which alone constitutes consent.330 A mere oral threat is not a criminal offense at common law.331 But under existing statutes a threat made orally as well as in writing is an offense.This offense as defined by statute is frequently called blackmail.332 The making of any threat of a character calculated to overcome a firm and prudent man, for the purpose of extorting money from another, is an indictable offense.333 By statute it is a criminal offense to threaten to accuse another of a crime,334 whether the purpose be accomplished or not.335 The threat to accuse another with a crime embodies the idea of using any means necessary to cause the person to be proceeded against for the criminal offense.336 Under a statute making it an offense to threaten to accuse another of a crime, with intent to extort money, the telling of another that a third person is threatening to prosecute him is an offense,337 and any such threat includes any criminal offense which may be prosecuted within the territorial limits of the United States.338





i think the most they can get you on is intimidation
 
D

daluvlymel

Sicc OG
#88
May 26, 2007
2,846
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#88
Rusto said:
that might be true but i dont think someones house falls under that catagory. I think it applies to schools/public buildings

Section 147. Criminal Threat Defined
A threat is any menace of such a nature and extent as to unsettle the mind of one on whom it operates and to take away from his acts that free, voluntary action which alone constitutes consent.330 A mere oral threat is not a criminal offense at common law.331 But under existing statutes a threat made orally as well as in writing is an offense.This offense as defined by statute is frequently called blackmail.332 The making of any threat of a character calculated to overcome a firm and prudent man, for the purpose of extorting money from another, is an indictable offense.333 By statute it is a criminal offense to threaten to accuse another of a crime,334 whether the purpose be accomplished or not.335 The threat to accuse another with a crime embodies the idea of using any means necessary to cause the person to be proceeded against for the criminal offense.336 Under a statute making it an offense to threaten to accuse another of a crime, with intent to extort money, the telling of another that a third person is threatening to prosecute him is an offense,337 and any such threat includes any criminal offense which may be prosecuted within the territorial limits of the United States.338





i think the most they can get you on is intimidation
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No! If the threat is made with the intention of harming the person (house or not) then it can be construde as criminal in nature. This threat can be deemed as harrassment in nature and yes i have read a situation in which a similar threat was insude and charges were pressed and they did time..
 
Rusto

Rusto

Sicc OG
#92
Nov 2, 2002
8,185
238
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#92
ok then, my bad, im not well versed in "terrorist threats"

but forreal, the odds of the girl actually going foreward and pressing charges is low as fuck.
 
MEXCOM

MEXCOM

Sicc OG
#94
Feb 9, 2003
8,398
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#94
Rusto said:
ok then, my bad, im not well versed in "terrorist threats"

but forreal, the odds of the girl actually going foreward and pressing charges is low as fuck.
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lol. you stupid motherfucker. swear to God this idiot goes on and on like he's super lawyer and laughs at people for arguing against his legal omniscience and dude's been wrong every time he's argued a legal point.

what a faggot.
 
Rusto

Rusto

Sicc OG
#95
Nov 2, 2002
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#95
MEXCOM said:
lol. you stupid motherfucker. swear to God this idiot goes on and on like he's super lawyer and laughs at people for arguing against his legal omniscience and dude's been wrong every time he's argued a legal point.

what a faggot.
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i wasnt wrong i just wasnt aware of terrorist threat law
faggot
 
Sydal

Sydal

Sicc OG
#96
Apr 25, 2002
7,232
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www.idealsentertainment.com
#96
Rusto, that law you posted had to do with extortion.

Here you go:

http://www.lacriminaldefenseattorney.com/criminalthreats.html

In California, Terrorist or Criminal Threats are Illegal.

A terrorist or criminal threat is a threat of violence, threat to hurt, injure or kill others with the intent of intimidating or frightening them, or causing public panic.

Examples of terrorist or criminal threats include:

Calling in a bomb threat to the local post office
Sending a threatening e-mail to an abortion clinic or church
Terrorizing a local family for religious or political reasons
Threatening to hurt your ex-wife’s new boyfriend
Threatening harm or injury to a neighbor
The threat may be made in writing, electronically, by phone or in person. It can be made against an individual, a group of people, or a public building or work place.

California Terrorist and Criminal Threats Law
Under California Penal Code Section 422, a terrorist or criminal threat is taken very seriously. To be convicted of a criminal threat charge, the alleged act must meet the following 5 conditions.

The 5 Elements of a Criminal or Terrorist Threats
California Penal Code Section 422
The accused willfully threatened to unlawfully kill or unlawfully inflict great bodily injury on another person
The accused made the threat with the specific intent that it be taken as a threat
The threat is so unequivocal, unconditional, immediate, and specific as to convey a gravity of purpose and the immediate prospect of execution (the person was very clear and specific about carrying out the threat)
The threat actually caused sustained fear in the victim (for "a period of time that extends beyond what is momentary, fleeting, or transitory")
The sustained fear was reasonable

Terrorist and Criminal Threats Penalties
In California, a terrorist or criminal threat may be charged as a misdemeanor or a felony, depending upon the seriousness of the threat and its consequences as well as the discretion of the prosecutor. The punishment will vary accordingly and may include jail time, prison time, parole or probation, and large fines; and you may lose your right to vote or own a gun.

Misdemeanor: the court can impose probation (informal) with or without jail time, community service, physical labor, counseling, restitution (paying the victim), fines ($200 to $2,000), and “stay-away” orders. A conviction also results in the person having a permanent criminal record.
Felony: In California a terrorist or criminal threat is punishable by up to three years in state prison. Criminal or terrorist threats are considered a “strike” under California’s Three Strikes Law.
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MEXCOM

MEXCOM

Sicc OG
#98
Feb 9, 2003
8,398
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#98
Rusto said:
i wasnt wrong i just wasnt aware of terrorist threat law
faggot
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nope. you were wrong you cock smuggler.

You said A isn't B because of X. But every one else told you that A IS in fact B because your variable X is wrong and that makes you...uh...what's the word? WRONG!

Fag.
 
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