Illegal to threaten deadly force in IN?

[.40caltrucker]

Is it illegal to tell someone that if they knock down your door that you'll put a bullet in their head?

The only law I can find is intimidation but it doesn't look like it applies since I'm saying that you would have to commit a crime on me before I will respond.

Don't worry about me it's not my house or problem was just curious.

 

[96firephoenix]

its like those signs that say "warning, occupants armed" only verbal. totally legal.

/thread

 

[Integraholic]

Why warn them?

 

[kevinj110]

I don't know why I would want to warn them at all. In fact I don't wanna give them a heads up to the firearm pointed at the door waiting for them.

 

[.40caltrucker]

I don't know why I would want to warn them at all. In fact I don't wanna give them a heads up to the firearm pointed at the door waiting for them.

Short version of a long story, I know someone who was threatened on FB. Someone else said he was headed over to the threatened persons house and if anyone wanted to come try anything to knock down the door and he would put a bullet in their head. The person who made the first threat said make sure you tell the police you said you was gonna put a bullet in my head.

Just curious if the guy defending the threatened person like that could face any problems. Needless to say the guy showed up to help his friend and nobody else showed up.

 

[iamaclone45]

Indiana Code 35-45-2

IC 35-45-2-1
Intimidation
Sec. 1. (a) A person who communicates a threat to another person, with the intent:
(1) that the other person engage in conduct against the other person's will;
(2) that the other person be placed in fear of retaliation for a prior lawful act; or
(3) of causing:
(A) a dwelling, a building, or another structure; or
(B) a vehicle;
to be evacuated;
commits intimidation, a Class A misdemeanor.
(b) However, the offense is a:
(1) Class D felony if:
(A) the threat is to commit a forcible felony;
(B) the person to whom the threat is communicated:
(i) is a law enforcement officer;
(ii) is a judge or bailiff of any court;
(iii) is a witness (or the spouse or child of a witness) in any pending criminal proceeding against the person making the threat;
(iv) is an employee of a school corporation;
(v) is a community policing volunteer;
(vi) is an employee of a court;
(vii) is an employee of a probation department; or
(viii) is an employee of a community corrections program.
(C) the person has a prior unrelated conviction for an offense under this section concerning the same victim; or
(D) the threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity; and
(2) Class C felony if, while committing it, the person draws or uses a deadly weapon.
(c) "Threat" means an expression, by words or action, of an intention to:
(1) unlawfully injure the person threatened or another person, or damage property;
(2) unlawfully subject a person to physical confinement or restraint;
(3) commit a crime;
(4) unlawfully withhold official action, or cause such withholding;
(5) unlawfully withhold testimony or information with respect to another person's legal claim or defense, except for a reasonable claim for witness fees or expenses;

I’m no lawyer, I just decided to use my Google-fu this evening.

 

[kevinj110]

I would say the cure to this is a facebook suicide. But on a serious note I don't think that a statement like that would not be considered a threat to someones life as it was mearly a statement of what would be done in a situation that hadn't and didn't happen. Kinda like saying you would have killed Hitler if you could. Anyways I am not a Lawyer and I was no where near a Holiday Inn so take it for what its worth. Also seriously I hate facebook.

 

[.40caltrucker]

I would say the cure to this is a facebook suicide. But on a serious note I don't think that a statement like that would not be considered a threat to someones life as it was mearly a statement of what would be done in a situation that hadn't and didn't happen. Kinda like saying you would have killed Hitler if you could. Anyways I am not a Lawyer and I was no where near a Holiday Inn so take it for what its worth. Also seriously I hate facebook.

Well luckily this wasn't on my FB I only have 23 of my closest friends on there. They are all BS and drama free thankfully or I will delete them.

The oddest part is the person who was threatened had no idea he was even threatened until his friend showed up telling him what was happening. Then I got a call and went and looked at everything.

 

[Kelzo]

It sounds like a statement of fact. A promise. I would think a threat would be like:

I am going to come over there and put a bullet in your head.

The other is just giving the person enough information to make an intelligent decision. Call it "Civic Responsibility".

 

[Pyroponce]

IC 35-45-2-1
Intimidation
Sec. 1. (a) A person who communicates a threat to another person, with the intent:
(1) that the other person engage in conduct against the other person's will;
(2) that the other person be placed in fear of retaliation for a prior lawful act; or
(3) of causing:
(A) a dwelling, a building, or another structure; or
(B) a vehicle;
to be evacuated;
commits intimidation, a Class A misdemeanor.
(b) However, the offense is a:
(1) Class D felony if:
(A) the threat is to commit a forcible felony;
(B) the person to whom the threat is communicated:
(i) is a law enforcement officer;
(ii) is a judge or bailiff of any court;
(iii) is a witness (or the spouse or child of a witness) in any pending criminal proceeding against the person making the threat;
(iv) is an employee of a school corporation;
(v) is a community policing volunteer;
(vi) is an employee of a court;
(vii) is an employee of a probation department; or
(viii) is an employee of a community corrections program.
(C) the person has a prior unrelated conviction for an offense under this section concerning the same victim; or
(D) the threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity; and
(2) Class C felony if, while committing it, the person draws or uses a deadly weapon.
(c) "Threat" means an expression, by words or action, of an intention to:
(1) unlawfully injure the person threatened or another person, or damage property;
(2) unlawfully subject a person to physical confinement or restraint;
(3) commit a crime;
(4) unlawfully withhold official action, or cause such withholding;
(5) unlawfully withhold testimony or information with respect to another person's legal claim or defense, except for a reasonable claim for witness fees or expenses;

I’m no lawyer, I just decided to use my Google-fu this evening.

Use of deadly force in self defense is pretty much protected already. Announcing ones intent to use such lawful force doesn't count as unlawful intimidation. In the case of threatening to kill someone for breaking down your door, it depends on if killing someone is a reasonable response to someone breaking and entering. IMO, that's not enough. IANAL

 

[Stschil]

Why warn them?

I much prefer a warning shot to the chest prior to the shot to the head

 

[BlueEagle]

Use of deadly force in self defense is pretty much protected already. Announcing ones intent to use such lawful force doesn't count as unlawful intimidation. In the case of threatening to kill someone for breaking down your door, it depends on if killing someone is a reasonable response to someone breaking and entering. IMO, that's not enough. IANAL

According to IN law, someone breaking and entering into your home against your will is grounds for deadly force. If someone has told me that they're going to come get me, and they come to my house and kick in my door...I will be concerned for my safety and react accordingly.

 

[Hooker]

It is only considered a "threat" if the intent is to "unlawfully" cause harm or to commit a crime. If someone breaks into your home and you shoot them, you won't be doing anything "unlawful."

However, anyone posting such things for all of Facebook to see isn't the sharpest knife in the drawer.

 

[littletommy]

I got dragged into court for making a threat to my ex wifes convicted felon husband, I did it over the phone and in person, for putting a scratch on my youngest son. This was after I filed police reports with my town and the town they lived in, and the cops did nothing but "file" the report. It was kinda funny to see the two of them setting there in the court room telling the judge all the horrible things I said to them. When the judge finally asked for my side, and I told him the real story, he said, "you're free to go"! I wish I had a picture of the looks on their faces. To this day that ass hole will not make eye contact with me. Thread jack over. Sorry.

 

[Pyroponce]

According to IN law, someone breaking and entering into your home against your will is grounds for deadly force. If someone has told me that they're going to come get me, and they come to my house and kick in my door...I will be concerned for my safety and react accordingly.

Do you know the relevant part of the Indiana Code? My Google-Fu is weak, and I would love to be wrong on that particular point

 

[ATM]

Indiana Code 35-41-3

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.
(c) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against another person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
only if that force is justified under subsection (a).

...

 

[Pyroponce]

Indiana Code 35-41-3

Thanks ATM! I knew someone here would know I'm out of rep but I'll get you later.

Since deadly force in this situation is lawful, and announcing one's intent to use lawful force is not intimidation, well, we can put two and two together.

 

[BlueEagle]

Thanks ATM; I was having net troubles earlier and couldn't get to the codes, but that is exactly the one I was thinking of.

 

[AndersonIN]

It sounds like a statement of fact. A promise. I would think a threat would be like:

I am going to come over there and put a bullet in your head.

The other is just giving the person enough information to make an intelligent decision. Call it "Civic Responsibility".

Kinda like B.Y.O.B..................Bring Your Own Bodybag?????

 

[Bill of Rights]

According to IN law, someone breaking and entering into your home against your will is grounds for deadly force. If someone has told me that they're going to come get me, and they come to my house and kick in my door...I will be concerned for my safety and react accordingly.

Not quite.

Indiana Code 35-41-3

Read the code again, BlueEagle. If someone enters your home against your will, yes, you may use force, including deadly force, but ONLY if you reasonably believe that that level of force is needed.

I would not stress this point, but the way you (and others) say it, it sounds like you're looking forward to the opportunity. You know this is not the case. I am reasonably certain this is not the case. Probably most people here look at this and understand that your outlook is much like their own: They'll use deadly force if they must but would much prefer never to have to.

I just don't want to see anyone's words come back and bite them in the buttocks.

Blessings,
Bill