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If someone threatens someone online then is it illegal? I…

If someone threatens someone...

If someone threatens someone online then is it illegal?

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

I don't know the exact state. It was said in an online game to a friend of mine.

Lawyer's Assistant: What steps has your friend taken so far?

None as far as I know. However I told him if it happens again then take screenshots and send it to the police as this person said to him that they had hackers tracing him so they could hurt him in real life

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of sorry

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Answered in 1 minute by:
5/12/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,311
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Which state is your friend living in?

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Customer reply replied 3 months ago
He lives in Canada actually

You posted in a US category. So, I am going to opt out of your question and open this up for a Canadian espert. You do not have to stay online for the question to be active, or rate this question yet as it would then discourage others from answering. Should a professional pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying a response from someone else.

My apologies for any inconvenience and good luck.

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Customer reply replied 3 months ago
Ok. I'll wait for a reply. Thanks anyways
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 40,167
Experience: Retired
Verified

Hello,

I'm actually a U.S. lawyer. However, the answer to your question is relatively straightforward:

Canada Criminal Code Section 264.1 provides:

(1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat

  • (a) to cause death or bodily harm to any person;

  • (b) to burn, destroy or damage real or personal property; or

  • (c) to kill, poison or injure an animal or bird that is the property of any person.

(2) Every one who commits an offence under paragraph (1)(a) is guilty of

  • (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or

  • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months

So, the answer depends on the type of threat. If the threat reaches the level of death, bodily harm, damage to property, pets or livestock, then the threat is a criminal violation of Canada law. .

That said, the act of making a threat online across an international boundary violates the laws of the USA. See 18 U.S.C. 875(c). Consequently, a report of the incident to the FBI, if the threat is deemed credible (i.e., likely to occur), then the U.S. Department of Justice can request that the Canada Supreme Court order the Canadian offender extradited to the USA to stand trial for the online threat.

Additionally, it's possible to sue the offender in civil court for the claim of "intentional infliction of emotional distress" (IIED). This is a lawsuit which requires proof of the facts that are obvious from the claim's title (intentional, infliction, emotional distress).

Bot***** *****ne, there is legal recourse, both criminal and civil. But, it depends greatly on the credible nature of the threat. Something sent in jest or in a moment of annoyance during a multiplayer online game, may not satisfy the requirements to obtain relief through court action.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

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Customer reply replied 3 months ago
Actually this answers my question perfectly. Thanks for your time

You're welcome and thanks for using Justanswer!

socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 40,167
Experience: Retired
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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