Criminal offense in many U.S. states
Menacing or brandishing is a criminal offense in many U.S. states generally defined as displaying a weapon with the intent of placing another person in fear of imminent physical injury or death. Depending on state, degrees of offense range from a misdemeanor for first-time offenders, to low- to mid-level felonies for offenders with a prior menacing charge.[1] Self-defense is often explicitly given as an exception.
The tangentially related crime of "Menacing By Stalking" was introduced as a new charge in some states following the popularization of laws specifically targeting stalking behavior, in which a perpetrator adopts a long-term pattern of actions designed to frighten and harass a victim while still adhering to the letter of existing harassment laws.
Laws by state
Idaho
In Idaho the law on menacing reads as follows:
- TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3303.
- Exhibition or use of deadly weapon. Every person who, not in necessary self-defense, in the presence of two (2) or more persons, draws or exhibits any deadly weapon in a rude, angry and threatening manner, or who, in any manner, unlawfully uses the same, in any fight or quarrel, is guilty of a misdemeanor. History: [18-3303, added 1972, ch. 336, sec. 1, p. 911.][2]
New York
In New York State a person threatening another person with imminent injury without engaging in physical contact is called "menacing". A person who engages in that behavior is guilty of aggravated harassment in the second degree (a Class A misdemeanor; punishable with up to one year incarceration, probation for an extended time, and a permanent criminal record) when they threaten to cause physical harm to another person, and guilty of aggravated harassment in the first degree (a Class E felony) if they have a previous conviction for the same offense.[3][4][5][6]
Ohio
In Ohio, the laws on Menacing read as follows:
- 2903.22 Menacing.[7]
- (A) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family.
- (...)
- 2903.21 Aggravated menacing.[8]
- (A) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family.
- (...)
- 2903.211 Menacing by stalking.[9]
- (A) (1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.
- (2) No person, through the use of any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, or computer system, shall post a message with purpose to urge or incite another to commit a violation of division (A)(1) of this section.
- (3) No person, with a sexual motivation, shall violate division (A)(1) or (2) of this section.
- (...)
Oregon
In Oregon, the law on Menacing states:[10]
- 163.190
- Menacing
- (1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.
- (2) Menacing is a Class A misdemeanor