Is a crime to play around at your job acting like you going to shoot somebody?

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Is a crime to play around at your job acting like you going to shoot somebody?

I was playing with another co-worker who was joking with me and I jestered back acting like I

was going to shoot at him.

Asked on February 13, 2018 under Criminal Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) It is not clear that it was a crime: under Oklahoma statutes section 21-641, assault is "any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another." A threat of force can be assault, but it must be more than words--it generally (to constitute an "offer") must involve a threatening gesture, brandishing a weapon, or the like. And furthermore, it must be a credible threat to a reasonable person. So it is *possible* that if you acted "like was I going to shoot him" in such a serious way that a reasonable person would believe it was a legitimate threat, that is a crime--but clearly joshing or joking around would not be.
2) However, regardless of whether it is a crime or not, unless you had a written employment contract guarantying or protecting your job, you were an employee at will and could be terminated for this reason (since employees at will may be terminated for *any* reason).
 


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