My husband pulled a gun on me but it was empty which I did not know at the time, would this be considered 'terroristic threatening'.
Question Details: During a violent, physical argument my husband attacked me and was beating me around my head, my grandson shot him with a paintball gun to get him to stop. My husband then pulled a gun on me and my grandson and later told us the gun was empty. Would this be considered terroristic threatening.
Yes, it would.
KRS 508.080 (1)(a) covers the most commonly encountered form of terroristic threatening and requires (1) a threat to commit any crime, which is (2) likely to result in death, serious physical injury, or substantial property damage to another person. "Crime" means any misdemeanor or felony. "Person" includes any human being, corporation, partnership or governmental authority. "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ. "Physical injury" means substantial physical pain or any impairment of a physical condition.
He could also be guilty of the crime of "menacing" in that the victims, here you and your grandson, were placed in reasonable apprehension of immediate injury. Finally, and most obviously, your husband assaulted you and could be charged with domestic violence.
You really need to follow up on this; either with the authorities or at least with a counseling/support group. Here's a link to a site that I hope you will find to be of help: http://www.aardvarc.org/dv/states/kydv.shtml
Best of luck.
