Just threatening a violent act against another in Oklahoma is a crime. The crime in Oklahoma encompasses both the planning and threatening of a violent act. The two crimes are often linked together factually and are prosecuted together as well.
Defining the Crime of Threatening a Violent Act
Oklahoma defines planning a violent act somewhat differently than threatening a violent act. Threatening a violent act is defined as a person who threatens to perform an act of violence involving serious bodily injury or death. The crime is a misdemeanor punishable by as many as six months in the county jail in addition to a fine of as much as $1,000. Okla. Stat. tit. 21 § 64.
This crime does not actually require any contact between the perpetrator and the victim. The threat alone is enough.
Oklahoma defines planning a violent crime as either:
a person who attempts, conspires or endeavors to perform an act intended to involve serious bodily injury or death; or a person who devises a plan or scheme of action to cause serious bodily injury or death of another with the intent to perform the violence, either alone, or conspiring with others. The crime is treated as a felony punishable by as many as 10 years in prison. Okla. Stat. tit. 21 §1378b.
The difference between threatening a violent act and planning a violent act may seem trivial, but the difference could be huge in terms of penalties.
Serious Bodily Injury or Death Requirement
The law requires that threats involve an intention to inflict either serious bodily injury or death. The prosecution carries the burden of proving that the intent was to threaten or cause serious bodily injury or death in order to secure a conviction, and that will depend upon the facts of each case.
A threat of minor injury will not suffice. This may provide an avenue of defense for you to explore with your attorney if you are being charged.
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