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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23555
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My step-daughter and her ghway Patrolman husband are headed

Customer Question

my step-daughter and her Highway Patrolman husband are headed for a divorce - no papers yet - and he communicated athreat thru her to me and my wife that if we came over to her house while he was there he does not know what he will do - he also told me he could not talk to me anymore to:protect himself" - has he committed a misdemeanor?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

Here's the statute in North Carolina for communicating threats:

§14-277.1. Communicating threats.

(a) A person is guilty of a Class 1 misdemeanor if without lawful authority:

(1) He willfully threatens to physically injure the person or that person's child,sibling, spouse, or dependent or willfully threatens to damage the property of another;

(2) The threat is communicated to the other person, orally, in writing, or by any other means;

(3) The threat is made in a manner and under circumstances which would cause a reasonable person to believe that the threat is likely to be carried out; and

(4) The person threatened believes that the threat will be carried out.

(b) A violation of this section is a Class 1 misdemeanor.

Here, he stops short of actually threatening to injure you. He says only that he does not know what he would do, so the threat is only implied. But if his words would reasonably make you fearful for your safety, I would argue that yes, you could report this and get him charged with this misdemeanor if you wanted to get a protective order and/or have him prosecuted.