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  1. #1
    Join Date
    Oct 2012
    Posts
    1

    Unhappy Threatening Text Message

    My question involves criminal law for the state of: NY


    Today my husband received a text message from a disgruntled business partner. They are in the beginning stages of dismantling their business. The business partner feels that my husband is taking advantage of him and has gotten upset. Today after contacting me via phone, I have NOTHING to do with the company, my husband received a message that said (paraphrasing due to language) " If you are going to screw me, then spend your nights sleeping with a loaded gun. And spend the rest of your life looking over your shoulder because I will spend the rest of my life getting even!" Since he also contacted me I am concerned for our families safety that includes two young sons. My husband contacted our local state police and was told that the text was not considered a threat but freedom of speech. How can that be? I feel fearful for our safety. He knows where we live, our numbers, where my kids go to school, where I work etc... I do believe that he has the means to carry the treat out and if nothing else isn't that harassment?

  2. #2
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    346

    Default Re: Threatening Text Message

    The threatening text message could be used as evidence to obtain a no contact order against the disgruntled partner. Once that no contact order is issued, then any communication would be considered criminal and not "freedom of speech".

  3. #3
    Join Date
    Jul 2012
    Posts
    479

    Default Re: Threatening Text Message

    I find it interesting how different state law enforcement entities work. I'd feel free to contact someone higher up the food chain -- including the head of the state police, as well as your legislative representatives.

    In a case of which I have personal knowledge in another state where someone was actually prosecuted for "harassment: telephone abuse" by way of text -- and not mean or nasty texts mind you -- merely contacting someone again after receiving a(n angry teenager-like) "go away" text could be considered criminal harassment if it's deemed that there was no "lawful purpose" for the continued communication after a "reasonable" request to stop *and* it's deemed that it was done with malice and intent to harass/alarm/annoy. As written, statutes are highly subjective.

  4. #4
    Join Date
    Nov 2012
    Posts
    1

    Default Re: Threatening Text Message

    Question involves criminal law in state of OH:

    My friend and I went to a guys house and ripped some old notes out of a sketch book of his that his girlfriend got for her. She texted my friend saying she'll , "F*** her up" then they had a conversation about exchanging words but no other threats were made. My friend said quit harrasing me and she replied that they were both engaged in conversation and shes not harassing. My friend said dont text me again and she replied leave my boyfriend alone first along with two other messages telling her to leave her boyfriend alone. A few hours later she texted again and said what she said was mean and that she apologizes. Does my friend have any legal basis to stand on?

  5. #5
    Join Date
    Nov 2012
    Posts
    14

    Unhappy Re: Threatening Text Message

    DO NOT delete the text message. If it is were on my phone I would keep the phone bills paid. You never know what may vanish once you drop a service.

    Threats stink don't they. It is a heavy problem in my area. In this city they start from those who have everything usually business owners threatening legal action. Next they threaten to expose fake dirt to your family. Then they threaten to expose dirt of your family to the community. And as a last resort they make threats of physical violence. Of course this all done with surrogates so they can deny any connections. This mentality bleeds into the lower rungs of the food chain causing many to threaten others. It would be nice to live in a world without so many using threats as an intimidation.

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