When Words Become a Threat

In times of anger, people often say things they later regret or wouldn't say under normal circumstances. Generally, speaking in a disrespectful or nasty manner to another human being, even in a voicemail, doesn't rise to the level of criminal activity. However, if those words include threats to commit a crime against another person or harm a person in some way, chances are the speaker is breaking the law. For example, in California, a person is guilty of making a criminal threat if he intentionally threatens to commit a crime against another person that will bring about the person's death or result in serious bodily harm. This is also a criminal act in Massachusetts; however, the state expands the crime to also include threats against a person's property.

Threats Can Also Be Harassment or Stalking

Depending on the laws of a particular state, leaving threats in a voicemail can also be characterized as harassment. In New York, a person commits aggravated harassment in the second degree if he threatens another person over the phone, or any other mode of communication, with the intent to threaten, alarm, harass or annoy that person. For example, if in a voicemail, an ex-boyfriend threatens to beat his former girlfriend if she doesn't drop the restraining order against him, he could be charged with second-degree aggravated harassment in New York and receive up to one year in jail. If the phone call is one of many, this may be considered a pattern of behavior that rises to the level of stalking in many states, especially if it causes emotional distress to the victim.

When Words Break the Law

To distinguish between ugly words and unlawful threats, state laws typically set forth a series of characteristics that the behavior must have to be considered a violation of the law. For instance, to qualify as a criminal threat in California, the person leaving the voicemail must have intentionally threatened to kill or harm the other person and meant for his words to be taken as a threat. Thus, while someone saying, "I hope you die" might be alarming, it is not likely a criminal threat under the law. However, the words, "Watch your back because I'm coming to kill you," probably are. Additionally, the threat must be communicated, such as in a voicemail, in such a serious manner that the prospect of the threat being carried out is real. Lastly, the threat generally must cause the person receiving it to be in genuine fear for her safety or that of her family. In California, criminal threats can be charged as a misdemeanor or felony -- and may count as a strike under the state's Three Strikes law if the offender receives a felony conviction.

Common Myth

A common misconception about threats is that they must be communicated face-to-face to be actionable under the law. Although state laws differ, this is typically not the case and some states, like New York, address the different forms of technology that may be used to communicate a threat in their statutes. In fact, verbal threats can sometimes be the most difficult to prove since they usually involve he said-she said, especially when there are not any witnesses to corroborate either side's version of events. However, when threats are communicated using technology, such as voicemail, email or text, proving that the words were said becomes less problematic.