Question regarding Terriostic Threatening and procedure

[Jrceci]

What is the name of your state (only U.S. law)?

Kentucky

I apologize if I have posted this thread in the wrong area.

I'm wondering if anyone would know if threats of rape (including physical injury threats accompanied) would -

1. considered Terriostic Threatening? (if so, I'm assuming in the Third Degree (in KY)
2. would extradition be at all necessary if the threats were over a state line?

The threats were made by text messaging from Tennessee to Kentucky (person who made threats were in TN and victim was in KY)

** If anyone would need any following info please do let me know!

THANK YOU for any effort and time helping!

 

[quincy]

What is the name of your state (only U.S. law)?

Kentucky

I apologize if I have posted this thread in the wrong area.

I'm wondering if anyone would know if threats of rape (including physical injury threats accompanied) would -

1. considered Terriostic Threatening? (if so, I'm assuming in the Third Degree (in KY)
2. would extradition be at all necessary if the threats were over a state line?

The threats were made by text messaging from Tennessee to Kentucky (person who made threats were in TN and victim was in KY)

** If anyone would need any following info please do let me know!

THANK YOU for any effort and time helping!

Did the person who received the threats report these threats to the police in their area or to the police in the area of origin? What is the relationship between the sender to the receiver?

Here is a link to a FreeAdvice staff-written article on Terrorist Threats that you might find informative: http://criminal-law.freeadvice.com/criminal-law/violent_crimes/terrorist-threats.htm

And here is a link to 18 US Code Section 2332b: https://www.law.cornell.edu/uscode/text/18/2332b

 

[Jrceci]

The kicker in this situation was that a report wasn't filed at all. This incident happened in 2011. The sender was the victim's "uncle" - the sender is the brother of her step father.

Ironic also how the sender was a previous registered sex offender in the state of TN. I've already acquired all facts needed to follow these statements along with more troubling details about the sender that I'm preparing to take to the county where it happened (in KY for the victim).

I'm obviously unaware of a probable statue of time restraint with any follow-up action once I'm done showing the PD, but the information I have is nonetheless very much worth shedding light about, unfortunately that's something that wasn't taken care of by the victim's step-father - for reasons I know factually don't have to speculate on.

Thank you!

 

[quincy]

The kicker in this situation was that a report wasn't filed at all. This incident happened in 2011. The sender was the victim's "uncle" - the sender is the brother of her step father.

Ironic also how the sender was a previous registered sex offender in the state of TN. I've already acquired all facts needed to follow these statements along with more troubling details about the sender that I'm preparing to take to the county where it happened (in KY for the victim).

I'm obviously unaware of a probable statue of time restraint with any follow-up action once I'm done showing the PD, but the information I have is nonetheless very much worth shedding light about, unfortunately that's something that wasn't taken care of by the victim's step-father - for reasons I know factually don't have to speculate on.

Thank you!

I hope you are doing this with the knowledge and consent of the victim. I also hope you do not make about the uncle any public false accusations, or public accusations for which you have no proof. That is a good way to get yourself sued.

Submitting what you do have to the police, however, seems a reasonable action to take. Again, though, publishing the information online or elsewhere would not be smart and is not advised.

Good luck.

 

[Jrceci]

Thank you for your response. Full consent is there - she is my wife - I do fully agree with you. Thank you.

 

[quincy]

Thank you for your response. Full consent is there - she is my wife - I do fully agree with you. Thank you.

I am sorry your wife received threatening text messages. I am sure she was scared. I think contacting the police with the information you have is a step that can be taken without too much risk to your wife, if she and her uncle are in different states.
What the police will do with the information after a 4 year lapse in time is anyone's guess but the police might investigate and, if they have had other similar reports, the addition of your wife's information could be helpful to them.

Good luck.

 

[CdwJava]

Here is the state law on the matter:

508.080 Terroristic threatening in the third degree.
(1) Except as provided in KRS 508.075 or 508.078, a person is guilty of terroristic
threatening in the third degree when:
(a) He threatens to commit any crime likely to result in death or serious physical
injury to another person or likely to result in substantial property damage to
another person; or
(b) He intentionally makes false statements for the purpose of causing evacuation
of a building, place of assembly, or facility of public transportation.
(2) Terroristic threatening in the third degree is a Class A misdemeanor.​

As a misdemeanor, it appears the criminal SOL is one year. As such, the SOL for this offense would appear to have run and no criminal prosecution can be initiated.

Not to mention the fact that a threat across state lines is not likely to be considered imminent enough or sufficiently likely to result in an immediate prosecution anyway. Even if it had been reported at the time, chances are that extradition would not have occurred and the matter would have been retained on file and they would have suggested the victim obtain a protective order.

 

[Jrceci]

Yes, thank you again!

 

[Silverplum]

Thank you for your response. Full consent is there - she is my wife - I do fully agree with you. Thank you.

Did you know your wife when it happened? Did you just find out?

 

[Jrceci]

This was just recently learned, unfortunately.

 

[Jrceci]

I didn't know her at that time, sorry I misread your post.

 

[Silverplum]

I didn't know her at that time, sorry I misread your post.

I wanted to know both, so thank you.

Do you know why I asked those two questions, and that I had correctly guessed the answers? Because you are "being her hero." Very common behavior.

You can't fix her past. You can only be kind to her always.

 

[Jrceci]

Thank you saying such kind words. Doing everything I can!

 

[CdwJava]

Just be aware that the statute of limitations on this offense passed a few years ago so there appears to be no crime that can be made of this. Supporting her is great, but try not to get her hopes up that the police can do anything at all as it appears that they cannot.

 

[Jrceci]

Thank you as well for responding, and I do agree. That's why I spent a bit more time collecting factual data related to the sender that should be viewed as relevant concerning others in her family.