Understanding Virginia's Definition Of Credible Threat Of Violence

Virginia law treats threatening conduct with the utmost seriousness, and threatening to harm, injure, or kill someone is a felony charge. A threat must be communicated in writing, including electronically, to be considered a crime. The charge must include a threat to kill or do bodily harm to a person or their family, and the threat must put the person in reasonable apprehension. Issuing a threat of harm is a Class 6 felony, carrying a penalty of 1-5 years in prison. If the threat is terroristic in nature, it is a Class 5 felony, with penalties of 1-10 years in prison. Threats made over telephone communications are also criminalized under Virginia law, prohibiting obscene, vulgar, profane, lewd, lascivious, or indecent language, as well as threats to commit illegal or immoral acts. Violation of this statute is a Class 1 misdemeanor, carrying penalties of up to 12 months in jail and a fine of up to $2,500.

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Written threats

In Virginia, a written threat to kill or commit bodily harm is a class 6 felony, which can carry a penalty of 1-5 years in prison. This includes handwritten, computerized, or electronically transmitted communications, such as emails, that produce a visual or electronic message. The law also states that the threat must place the victim in reasonable apprehension of harm or death.

Virginia law also criminalizes threats made via telephone or radio, which are considered class 1 misdemeanors. These threats must be intended to coerce, intimidate, or harass any person and can include the use of obscene, vulgar, profane, or indecent language. The use of a computer or computer network to harass someone is also illegal and falls under this category.

Additionally, threats made to a school employee or healthcare provider are considered class 1 misdemeanors. If the threat is terroristic in nature, with the intent to commit terrorism, it is elevated to a class 5 felony.

Virginia law also specifies that any person who knowingly sends a threat to the Governor or their immediate family, whether oral or written, is guilty of a class 6 felony.

It is important to note that the defense against a charge of making written threats may revolve around the "reasonableness" of the threat. The argument can be made that the threat was not serious or was made as a joke, and the victim did not have a realistic fear of injury.

Oral threats

In Virginia, oral threats of violence are considered a crime and can result in criminal charges. The specific consequences depend on the nature and context of the threat, as well as the age of the person making the threat. Here is an overview of how oral threats are addressed under Virginia law:

It is important to note that, according to the U.S. Supreme Court, true threats are not protected by the First Amendment. The Court defined true threats as "statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals."

Threats over the phone

Virginia law treats threatening conduct with the utmost seriousness, and even a misdemeanor conviction can carry lasting consequences. Virginia criminalizes threats made over telephone communications under Virginia Code § 18.2-427. This law prohibits the use of obscene, vulgar, profane, lewd, lascivious, or indecent language, as well as threats to commit illegal or immoral acts, when such language is intended to coerce, intimidate, or harass another person over any telephone or CB radio. A violation of this statute is classified as a Class 1 misdemeanor, carrying penalties of up to 12 months in jail and a fine of up to $2,500.

Virginia law also criminalizes a written threat (handwritten or computerized) to kill or commit bodily injury as a Class 6 felony offense, punishable by up to 5 years in prison. Intent to commit an act of terrorism elevates the threat crime to a Class 5 felony. A threat made over the computer that is intended to coerce, intimidate, or harass any person is a Class 1 misdemeanor offense, punishable by up to 1 year in jail.

An oral threat made over the telephone or radio that is intended to coerce, intimidate, or harass any person is also a Class 1 misdemeanor offense, punishable by up to 1 year in jail. An oral threat made in person, with the means to carry out the threat, that puts the victim in reasonable fear of harm or reasonable apprehension of offensive touching, harm, or danger, is an assault. This is also a Class 1 misdemeanor offense, punishable by up to 1 year in jail.

In addition, any person who violates any provision of a protective order issued pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10 is guilty of a Class 1 misdemeanor. The punishment for a second offense of violating a protective order, when committed within 5 years of the prior conviction and when either the instant or prior offense was based on an act or threat of violence, shall include a mandatory minimum term of confinement of 60 days.

Any person convicted of a third or subsequent offense of violating a protective order, when committed within 20 years of the first conviction and when either the instant or one of the prior offenses was based on an act or threat of violence, is guilty of a Class 6 felony and shall include a mandatory minimum term of confinement of six months.

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Threats against specific groups

In Virginia, issuing threats of violence is a felony. This includes threatening to harm, injure, or kill someone. For a threat to be considered a crime, it must be communicated in writing, including electronically via email, or made orally in person. The charge must include a threat to kill or inflict bodily harm on a person or a member of their family, and it must put the person in “reasonable” apprehension of harm.

Virginia law also specifically addresses threats made against certain groups, including:

• Government Officials and their Families: It is a Class 6 felony to send or convey any threat to take the life of or inflict bodily harm upon the Governor or their immediate family, whether the threat is oral or written.
• School Employees and Students: It is a Class 1 misdemeanor to threaten to kill or inflict bodily harm on any employee of any elementary, middle, or secondary school, while on a school bus, on school property, or at a school-sponsored activity. Communicating a threat to kill or do bodily harm on school property or at a school-sponsored event is a Class 6 felony. School boards are required to include rules against bullying and hazing in their codes of student conduct.
• Healthcare Providers: Threatening to kill or inflict bodily harm on a healthcare provider while they are engaged in their duties is a Class 1 misdemeanor.
• Law Enforcement and Judiciary: Publishing a law enforcement officer's or a judge's name or photograph with identifying information, with the intent to coerce, intimidate, or harass, is a Class 6 felony.

Additionally, Virginia law prohibits extortion, which includes obtaining money or property from another person by threatening to use violence or harm their reputation. Extortion is a Class 5 felony. Hate crimes, which are motivated by the offender's bias against race, religion, gender, disability, or ethnic origin, also carry enhanced penalties.

Penalties for threats

In Virginia, issuing threats of violence is a felony. Threatening to harm, injure, or kill someone is considered a serious felony charge. A threat must be communicated in writing, including electronically via email, to be considered a crime. The charge must include a threat to kill or do bodily harm to a person or a member of that person's family. The threat must also put the person in ""reasonable" apprehension.

Issuing a threat of harm is a Class 6 felony under Virginia criminal laws, punishable by 1-5 years in prison. If the threat is terroristic in nature, with the intent to commit terrorism, it is a Class 5 felony, punishable by 1-10 years in prison.

An oral threat of harm made over the telephone or radio with the intent to coerce, intimidate, or harass any person is a Class 1 misdemeanor offense, punishable by up to 1 year in jail and a fine of up to $2,500. An oral threat made in person, with the means to carry out the threat, that puts the victim in reasonable fear of harm or apprehension, is considered assault and is also a Class 1 misdemeanor.

If a threat is made on school property or at a school-sponsored activity, it is considered a Class 1 misdemeanor, with maximum penalties of up to 12 months in jail.

In the context of robbery, if a threat involves the use of a firearm or other deadly weapon, it constitutes a violent felony punishable by 5 years to life in a state correctional facility.

Extortion, which involves threatening to use violence or criminal means to obtain money or property from another person, is a Class 5 felony in Virginia.

Violating a protective order is also considered a serious offense and can result in a Class 1 misdemeanor charge for the first offense. A second offense within five years and involving a threat of violence is a Class 6 felony with a mandatory minimum term of confinement of 60 days.

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