Threats to Commit a Crime in Massachusetts
Under Massachusetts law it is a crime to threaten to commit a crime against the person or property of another. The offense is set out in G.L. c. 275, §§ 2–4. These cases often arise from heated arguments, text messages, social media posts, or statements made in the presence of others. Understanding the precise elements the Commonwealth must prove is essential.
Elements the Commonwealth Must Prove
To convict, the prosecution must prove the following beyond a reasonable doubt:
- The defendant expressed an intent to injure a person or the property of another, now or in the future;
- The defendant intended that the threat be conveyed to a particular person;
- The injury that was threatened, if carried out, would itself constitute a crime;
- The defendant made the threat under circumstances that could reasonably have caused the person to whom it was conveyed to fear that the defendant had both the intention and the ability to carry out the threat; and
- The defendant was aware of, or consciously disregarded, a substantial risk that the communication would be viewed as threatening violence or injury.
The fifth element reflects recent case law requiring at least a reckless mens rea for the statement to be treated as a true threat rather than protected speech.
Key Points About Communication and Fear
The Commonwealth does not have to prove that the threat was communicated directly to the alleged victim, only that the defendant intended it to be conveyed to that person. It also does not have to prove that the threat was successfully received. Actual fear or apprehension on the part of the alleged victim is not required, although it may be considered as evidence on the question of whether the circumstances would reasonably have caused fear.
Penalties
Threatening to commit a crime is a misdemeanor. The maximum penalty is generally imprisonment in a house of correction for up to six months, a fine, or a requirement that the defendant post a peace bond (a sum of money as security for good behavior). Judges also have the authority to impose probation that may extend beyond six months.
Related Offenses
Threats can overlap with or be charged alongside other offenses such as criminal harassment, stalking, violation of a restraining or harassment prevention order, or assault. The specific wording of the statement, the context, and the relationship between the parties often determine how the case is charged.
Defense Considerations
Common issues include whether the statement truly expressed an intent to injure, whether it was intended to reach a particular person, whether the threatened act would actually be a crime, whether the circumstances would reasonably cause fear of both intent and ability, and whether the defendant acted with the required awareness or recklessness. Context, tone, prior relationship, and the precise words used are often critical. Statements that are hyperbole, jokes, or political hyperbole may not meet the legal standard for a true threat.
Contact an Experienced Massachusetts Criminal Defense Attorney
If you or a loved one has been charged with making threats, contact Attorney William J. Barabino. He represents clients throughout Massachusetts and can evaluate the strength of the Commonwealth’s proof on each required element.
Call 781-393-5900 or visit williambarabino.com to schedule a consultation.
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