What constitutes “terroristic threatening”?

UPDATED: Oct 11, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 11, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What constitutes “terroristic threatening”?

My 70 year old father recently caught a trespasser coming down from behind his house. This is the second evening in a row that he had been there. My father had a pistol in his had but did not point it at the trespasser but held it in his hand down and away from the other guy. The problem is he told the guy if he caught him again he would beat him. How much trouble could he be in for this? Should he speak with a criminal law attorney? He’s in Lexington, KY.

Asked on October 11, 2011 under Criminal Law, Kentucky


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What you have described is really a situation where the person that your father met could claim that he was assaulted. Assault is the fear of a reasonable and harmful contact. From what you have described, I see your father protecting himself against a trespasser in the evening and nothing more. I see no criminal act by him.

If your father feels better speaking to a criminal defense attorney, he could consult with one. In the interim, I suggest that your father make a police report about a trespasser upon his property to safeguard his interests.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption