Intimidation (also called
cowing)
is intentional behavior "which would cause a person of ordinary
sensibilities" fear of
injury or
harm. It's not necessary to prove that the behavior was
so violent as to cause
terror or
that the victim was actually frightened. "The calculated use of
violence or the
threat of violence to attain goals political,
religious, or ideological in nature...through intimidation,
coercion, or instilling
fear" can be defined as
terrorism.
Criminal threatening (or
threatening
behavoir) is the crime of intentionally or knowingly
putting another person in fear of imminent bodily injury. "Threat
of harm generally involves a perception of injury...physical or
mental damage...act or instance of injury, or a material and
tangible detriment or loss to a person." "A terroristic threat is a
crime generally involving a threat to commit violence communicated
with the intent to terrorize another."
Description
Threatening behaviours are supposed to be a maladaptive outgrowth
of normal competitive urge for interrelational
dominance generally seen in
animals.
Like all behavioral traits it exists in greater or lesser
manifestation in each individual person over time, but may be a
more significant "compensatory behavior" for some as opposed to
others. Behavioral theorists often see threatening behaviours as a
consequence of being threatened by others, including parents,
authority figures, playmates and siblings.
“Use of force is justified when a person reasonably believes that
it is necessary for the defense of oneself or another against the
immediate use of unlawful force.”
Intimidation may be employed consciously or unconsciously, and a
percentage of people who employ it consciously may do so as the
result of selfishly rationalized notions of its appropriation,
utility or self-
empowerment.
Intimidation related to
prejudice and
discrimination may include conduct
"which annoys, threatens, intimidates, alarms, or puts a person in
fear of their safety...because of a belief or perception regarding
such person's race, color, national origin, ancestry, gender,
religion, religious practice, age, disability or sexual
orientation, regardless of whether the belief or perception is
correct."
Intimidation may be manifested in such manner as physical contacts,
glowering countenance,
emotional manipulation,
verbal abuse, making someone feel lower than
you, purposeful embarrassment and/or actual physical assault.
“Behavior may include, but is not limited to, epithets, derogatory
comments or slurs and lewd propositions, assault, impeding or
blocking movement, offensive touching or any physical interference
with normal work or movement, and visual insults, such as
derogatory posters or cartoons.”
There is no legal definition in English law as to what behaviour
constitutes "Intimidation", so it is up to the courts to decide on
a case by case basis. However, if somebody threatens violence
against somebody, then this may be a criminal offence.
In most
U.S.
jurisdictions, the crime remains a misdemeanor unless a deadly weapon is involved or actual violence
is committed, in which case it is usually considered a felony.
Criminal threatening can be the result of verbal threats of
violence, physical conduct (such as hand gestures or raised fists),
actual physical contact, or even simply the placing of a
sign, an object or
graffiti on
the property of another person with the purpose of coercing or
terrorizing.
Criminal threatening is also defined by
arson,
vandalism, the delivery of noxious
biological or chemical substances (or any substance that appears to
be a toxic substance), or any other crime against the property of
another person with the purpose of coercing or terrorizing any
person in reckless disregard for causing fear, terror or
inconvenience. Coercion is the use of “pressure, threats, or
intimidation” to compel or “force somebody to do something” or
“make something to happen.”
"Terrorizing" generally means to cause alarm, fright, or dread in
another person or inducing apprehension of violence from a hostile
or threatening event, person or object. “It is not requisite, in
order to constitute this crime, that personal violence should be
committed.”
See also
References
- Legal Definition of Intimidate [1]
- U.S. Department of Army, Army Regulation 190-52
- Threat of Harm Law & Legal Definition [2]
- Terroristic Threat Law & Legal Definition [3]
- Legal Definition of Self-Defense [4]
- Harassment (Aggravated) Law & Legal Definition [5]
- Harassment Law & Legal Definition [6]
- Noose: ‘Shameful' sign makes ominous return, by Darryl Fears,
Washington Post [7]
- "Coercion", Microsoft Encarta. Archived
2009-10-31.
- Legal Definition of Terror, Terrorism [8]
Further reading
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