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  1. #1

    Default How Explicit Must a Threat Be to Support a Criminal Charge

    My question involves criminal law for the state of: NY

    My wife runs a business in a building that has mixed zoning (mostly residential). Since she got there a year ago, a man in the building has been trying everything he can think of to get her kicked out. He has tried (but failed) at the following:

    -Reported her store to the city department of buildings three times. Three inspectors came and said everything was fine.
    -Filed a false report with the fire department (everything checked out fine).
    -One time he waited outside the building for her first client of the day to come in. He followed her (while video recording) inside and when my wife met the client in front of the store, he started shouting angry questions. She called the cops and the cops told him to back off.
    -He stole her sign, and she got it on video. She went the to police, and then came back to the building to arrest him. But he didn't answer his door and the cops said that's the most they could do.

    Today, he walked up to my wife in the hallway of the building and said my name to her (she's never mentioned anything about me to him). She asked him what he was talking about, but he didn't reply and walked away.

    Forgetting the law for a second, this to me is a threat (although a veiled on).

    But from a legal perspective, does this constitute a threat? My wife is considering going to the police, but she thinks they won't do anything.

  2. #2
    Join Date
    Sep 2005
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    California
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    Default Re: Legally, Does a Threat Need to Be Explicit or Can It Be Veiled

    That certainly doesn't sound like a criminal threat. But, I believe that NY has some form of Harassment statutes that might apply.

    She can always call the police and see what can be done. If anything.

  3. #3
    Join Date
    Mar 2013
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    18,340

    Default Re: Legally, Does a Threat Need to Be Explicit or Can It Be Veiled

    Quote Quoting Solarisatnight
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    Forgetting the law for a second, this to me is a threat (although a veiled on).

    But from a legal perspective, does this constitute a threat? My wife is considering going to the police, but she thinks they won't do anything.
    From a "legal" perspective, no, it's not a threat and I doubt if the police will do anything.

    However, his ongoing behavior might qualify for a restraining order.

    But if it doesn't, the remaining option is for your wife to sue him under the "private nuisance" doctrine.

  4. #4
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Legally, Does a Threat Need to Be Explicit or Can It Be Veiled

    Quote Quoting adjusterjack
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    But if it doesn't, the remaining option is for your wife to sue him under the "private nuisance" doctrine.
    Frankly this activity does not amount to a nuisance in the legal sense and I don’t see her getting anything with that.

    All of his activity together might amount to some kind of harassment under state law. She can try to see if the police might do something on that score, but given that reports to the government are generally protected, that might be a tough sell. So far the only clearly illegal thing he did was take the sign, and the police don’t seem to want to make much effort over that. She could sue the guy for the value of the sign. Might alert the cops on the day for appearance at the small claims hearing and see if they’ll arrest him when he shows up to the court room.

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