Menacing
Encyclopedia
Menacing is a violent crime
in most state jurisdictions of the United States
. Although the wording and degrees of offense vary slightly from state to state, the criminal act of menacing generally consists of displaying a weapon
to a person with the intention of threatening them with bodily harm from said weapon.
It is distinct from other similar weapons-related crimes of violence such as "aggravated assault" or "assault with a deadly weapon" in that the charge of menacing requires neither an actual deadly weapon
be displayed (any object wielded threateningly can be used to menace in many states), nor any actual physical contact. The display also need not be accompanied by a verbal threat; if the display of the weapon would cause a reasonable person to fear bodily harm from the perpetrator, the threat is considered to be implicit.
Degrees of offense range from a misdemeanor
for first time offenders, to low to mid level felonies
for offenders with a prior menacing charge. There are not usually any other relevant aggravating circumstances in determining the degree of offense, as any actual physical contact between the perpetrator and the victim would garner a stronger charge of battery
or assault
instead of (rather than in addition to) the menacing charge.
The tangentially related crime of "Menacing By Stalking" was introduced as a new charge in many 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.
Violent crime
A violent crime or crime of violence is a crime in which the offender uses or threatens to use violent force upon the victim. This entails both crimes in which the violent act is the objective, such as murder, as well as crimes in which violence is the means to an end, such as robbery. Violent...
in most state jurisdictions of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. Although the wording and degrees of offense vary slightly from state to state, the criminal act of menacing generally consists of displaying a weapon
Weapon
A weapon, arm, or armament is a tool or instrument used with the aim of causing damage or harm to living beings or artificial structures or systems...
to a person with the intention of threatening them with bodily harm from said weapon.
It is distinct from other similar weapons-related crimes of violence such as "aggravated assault" or "assault with a deadly weapon" in that the charge of menacing requires neither an actual deadly weapon
Deadly weapon
A deadly weapon, sometimes dangerous weapon, is a statutory definition listing certain items which can inflict mortal or great bodily harm. In addition, deadly weapon statutes often contain "catch all" provisions which describe abilities used to designate other implements as deadly weapons.Whether...
be displayed (any object wielded threateningly can be used to menace in many states), nor any actual physical contact. The display also need not be accompanied by a verbal threat; if the display of the weapon would cause a reasonable person to fear bodily harm from the perpetrator, the threat is considered to be implicit.
Degrees of offense range from a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
for first time offenders, to low to mid level felonies
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
for offenders with a prior menacing charge. There are not usually any other relevant aggravating circumstances in determining the degree of offense, as any actual physical contact between the perpetrator and the victim would garner a stronger charge of battery
Battery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.In the United States, criminal battery, or simply battery, is the use of force against another, resulting in harmful or offensive contact...
or assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
instead of (rather than in addition to) the menacing charge.
The tangentially related crime of "Menacing By Stalking" was introduced as a new charge in many states following the popularization of laws specifically targeting stalking
Stalking
Stalking is a term commonly used to refer to unwanted and obsessive attention by an individual or group to another person. Stalking behaviors are related to harassment and intimidation and may include following the victim in person and/or monitoring them via the internet...
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
Harassment
Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behaviour intended to disturb or upset, and it is characteristically repetitive. In the legal sense, it is intentional behaviour which is found threatening or disturbing...
laws.