What constitutes “terroristic threatening”?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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