What Constitutes a Criminal Threat
My question involves criminal law for the state of: Illinois and/or California
I live in Illinois and I have a friend that lives in California with his wife. He and I have been friends for 23 years (he grew up here in Illinois). There were some inappropriate comments made on a recent FB message that he and I were engaged in; and his wife saw them. The comments are not intended to be flirtatious, but I can see how his wife considered them as such since she doesn't know me or the kind of person I am. Regardless, in the message I received from her a day later, she made reference to a baseball bat and my head. In her exact words:
Perhaps in the future you can dream of a situation where your typing away flirting and acting the slut with someone's husband, when a baseball bat smashes your bitch as upside the head.
I'm sure that w/o the conversation between me and her husband to look at, you're probably thinking that I deserve this from her, but w/o going into details, let me say there were no flirts going on, it was simply typical banter that he and I (along with the rest of our group of friends) have always engaged in. The real problem here is that my friend, God love him, is not a faithful person and he's cheated on her in the past, and she knows it. Let me also say that my relationship with this person has never escalated beyond friend. In all the time I've known him, we've never been intimate in any way.
Regardless of how it was meant vs how she took it, it was done and the nastiness of her message coupled with the statement shown above, has made me wonder if it would indeed be a considered a threat. She never specifically says that she's going to use the bat, she just indicates that I should imagine it happening from someone, anyone, I guess. And though they do live in California, they own a home here in Will Co. that she could return to at any time.
Is this something I should file or do you think they would say it's not considered a threat in regards to the law?
Thanks for your response in advance.
T-
Re: Considered a Threat to Me
Quote:
Quoting
meiliki528@yahoo.com
My question involves criminal law for the state of: Illinois and/or California
I live in Illinois and I have a friend that lives in California with his wife. He and I have been friends for 23 years (he grew up here in Illinois). There were some inappropriate comments made on a recent FB message that he and I were engaged in; and his wife saw them. The comments are not intended to be flirtatious, but I can see how his wife considered them as such since she doesn't know me or the kind of person I am. Regardless, in the message I received from her a day later, she made reference to a baseball bat and my head. In her exact words:
Perhaps in the future you can dream of a situation where your typing away flirting and acting the slut with someone's husband, when a baseball bat smashes your bitch as upside the head.
I'm sure that w/o the conversation between me and her husband to look at, you're probably thinking that I deserve this from her, but w/o going into details, let me say there were no flirts going on, it was simply typical banter that he and I (along with the rest of our group of friends) have always engaged in. The real problem here is that my friend, God love him, is not a faithful person and he's cheated on her in the past, and she knows it. Let me also say that my relationship with this person has never escalated beyond friend. In all the time I've known him, we've never been intimate in any way.
Regardless of how it was meant vs how she took it, it was done and the nastiness of her message coupled with the statement shown above, has made me wonder if it would indeed be a considered a threat. She never specifically says that she's going to use the bat, she just indicates that I should imagine it happening from someone, anyone, I guess. And though they do live in California, they own a home here in Will Co. that she could return to at any time.
Is this something I should file or do you think they would say it's not considered a threat in regards to the law?
Thanks for your response in advance.
T-
If it is your sincere belief that her intent is to get on a plane, travel a couple thousand miles, look you up and smash your head with a baseball bat, then by all means do report it.
If, on the other hand, you consider it a declaration that she does not appreciate what you acknowledge to be inappropriate banter with her husband, then please do not waste law enforcement's time.
Re: Considered a Threat to Me
I have to agree with cbg. The police are NOT going to seriously consider this a criminal threat from across country.
If IL has some law against harassment in text messages or instant messages, then you can certainly report it ... but, the police likely won't DO anything because IL is NOT going to extradite someone from CA for a misdemeanor even if a prosecutor decides to file charges.
Oh, and if you want to avoid the problem, block the other party from FB.
Re: Considered a Threat to Me
Thank you both for your insight and advice.
For the record, I have already blocked her and am seriously considering blocking him as well. I'd hate to say goodbye to a 23 year friendship, but I am not a home wrecker and I refuse to be pulled into their marital issues.
I very much appreciate your help, have a wonderful weekend.
Thank you,
T
Re: Considered a Threat to Me
Quote:
Quoting
meiliki528@yahoo.com
Thank you both for your insight and advice.
For the record, I have already blocked her and am seriously considering blocking him as well. I'd hate to say goodbye to a 23 year friendship, but I am not a home wrecker and I refuse to be pulled into their marital issues.
I very much appreciate your help, have a wonderful weekend.
Thank you,
T
I think restricting him is an excellent idea. He has not been faithful to her to begin with - the last thing you need is to be dragged into their marital problems.
Good luck!
Re: Considered a Threat to Me
You could of course take up the issue directly with her, via letter. Assure her you are just messing around and apologize for your banter being misinterpreted. Old friends of the opposite sex need to make sure they include their buds spouse in the friendly banter, otherwise, guess what happens?