Comments by "craxd1" (@craxd1) on "Protesters Threaten Staff at Private I.C.E. Contractor: 'We Know Where All Your Children Live'" video.
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South Carolina Code > Title 16 > Chapter 3 > Article 11 > § 16-3-1040
South Carolina Code 16-3-1040. Threatening life, person or family of public official or public employee; punishment
Current as of: 2017 | Check for updates | Other versions
(A) It is unlawful for a person knowingly and wilfully to deliver or convey to a public official or to a teacher or principal of an elementary or secondary school any letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public official, teacher, or principal, or members of his immediate family if the threat is directly related to the public official’s, teacher’s, or principal’s professional responsibilities.
(B) It is unlawful for a person knowingly and wilfully to deliver or convey to a public employee a letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public employee or members of his immediate family if the threat is directly related to the public employee’s official responsibilities.
(C) A person who violates the provisions of subsection (A), upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) A person who violates the provisions of subsection (B), upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(E) For purposes of this section:
(1) "Public official" means an elected or appointed official of the United States or of this State or of a county, municipality, or other political subdivision of this State.
(2) "Public employee" means a person employed by the State, a county, a municipality, a school district, or a political subdivision of this State, except that for purposes of this section, a "public employee" does not include a teacher or principal of an elementary or secondary school.
(3) "Immediate family" means the spouse, child, grandchild, mother, father, sister, or brother of the public official, teacher, principal, or public employee.
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Threatening Behavior Law and Legal Definition
Threatening behavior is intentional behavior which would cause a person of ordinary sensibilities fear of injury or harm. It can include acts of aggression such as yelling at a colleague, pounding on desks, slamming doors,blocking or cornering, and sending threatening voice-mails, e-mails, or other written threats. However behavior cannot be considered threatening just because a person finds it offensive or rude. The acts done should be such that a person feels that the accused person will harm them. Threatening behavior is an ingredient of many offences. The precise definition of the term may vary according to the context in which it is used.
The following is an example of a case law on threatening behavior:
The Michigan Department of Corrections Policy Directive, No. 03.03.105 (June 6, 1994) (Directive) defines "Threatening Behavior" as "Words, actions or other behavior which expresses an intent to injure or physically abuse another person." [Muhammad v. Close, 540 U.S. 749, 753 (U.S. 2004)]
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Also: https://www.cga.ct.gov/2001/rpt/2001-R-0790.htm
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