Is it a Crime to Threaten Violence in Minnesota?
In short, yes. If you threaten violence against another person, even without doing it, there is a very broadly written law in Minnesota that has the potential to put you in a prison cell for years. Even worse, it may still apply even if you didn’t actually mean it. And just to slam the door shut, the Minnesota Supreme Court just added that the free speech clause of the First Amendment doesn’t even apply.
So What are Threats of Violence in Minnesota?
According to the statute, it is a crime to either:
Threaten, directly or indirectly, to commit any crime of violence with purpose to terrorize another; or
Reckless disregard of the risk of causing such terror in another.
The knee-jerk response to this is, “Well, that was not my intention. I didn’t even mean it.” The problem is the Minnesota Supreme Court has previously ruled that it is a crime when someone consciously disregards a substantial and unjustifiable risk that his or her words will cause terror in another and he or she acts in conscious disregard of those risks. In other words, even if you didn’t mean it, its how it impacted the other person that really counts.
“When I said it, I never intended to do it. We were just in an argument that got heated.”
Unfortunately, the Supreme Court has determined that specific intent to threaten is not required for violent speech or expressive conduct to be a true threat. General words, actions, or even displaying a weapon of some kind may be enough. Thus, none of this behavior, which is deemed a threat, is protected by the First Amendment.
What Happens If I’m Convicted of Felony Threats of Violence in Minnesota?
If a Defendant is convicted of Threats of Violence, they could face:
A Felony Conviction
Up to 5 years in prison;
Up to a $10,000 fine;
Or both.
In addition, they could lose:
There right to vote;
Their ability to possess a firearm.
“A very broadly written law like this has the potential to sweep up a bunch of people who never really intended to threaten anybody.”
If you are facing Threats of Violence charges in Minnesota, this can get serious very very quickly. Make sure you talk with an experienced criminal defense attorney immediately. Know your rights and know what may be coming at you. This kind of conviction, besides the jail or prison time, can also impact your life in really dramatic ways including jobs, careers, schooling, housing and more.
St. Paul based Threats of Violence Threats Attorney and Board Certified Criminal Law Specialist Jack Rice has been representing clients facing these serious charges for decades. Jack can talk to you about your rights, what you are facing, and to make sure you understand the ramifications of what these kinds of charges can mean. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339