Is telling somebody to physically assault someone a crime?

[isis297]

State: NY

4 people involved. Wife/ eventual ex-wife, friend of wife, friend of husband, husband/ eventual ex-husband.

Husband left the wife. She blames female he's friends with. Begins spreading lies on social media. Now there is a post about them and one of the wife's friends made a comment about "tear that ass up". Wife tells friend to "get her". She then tells the friend "Don’t touch him just her someone needs to pound her face in the pavement".

I'm frustrated for my friend just seeing all the defamation flying, but now telling somebody to get her and pound her face into the pavement but don't touch him and the friend says he deserves it too so they both get what's coming" and that the wife forgets "who she's talking to" whatever that means.

 

[not2cleverRed]

State: NY
...
I'm frustrated for my friend just seeing all the defamation flying, but now telling somebody to get her and pound her face into the pavement but don't touch him and the friend says he deserves it too so they both get what's coming" and that the wife forgets "who she's talking to" whatever that means.

She needs to start filing police reports, as it sounds like these posts sound like threats.

If she has enough evidence, she might be able to get a restraining order. However, a lot of this depends on the whole picture. My understanding is that NY requires it be threatening by a reasonable person's standards, not just annoying.

I would also advise this woman to ignore and block the jilted wife, and distance herself from the husband. Do nothing to feed the flames.

 

[quincy]

State: NY

4 people involved. Wife/ eventual ex-wife, friend of wife, friend of husband, husband/ eventual ex-husband.

Husband left the wife. She blames female he's friends with. Begins spreading lies on social media. Now there is a post about them and one of the wife's friends made a comment about "tear that ass up". Wife tells friend to "get her". She then tells the friend "Don’t touch him just her someone needs to pound her face in the pavement".

I'm frustrated for my friend just seeing all the defamation flying, but now telling somebody to get her and pound her face into the pavement but don't touch him and the friend says he deserves it too so they both get what's coming" and that the wife forgets "who she's talking to" whatever that means.

Yes. It is a crime.

 

[quincy]

Here is a link to New York’s Penal Code on laws of liability through accessorial conduct:

https://ypdcrime.com/penal.law/article20.php

 

[zddoodah]

What you've described isn't a crime, but feel free to make a police report. My suggestion, however, is to stay away from silly social media and generally mind your own business as it concerns your friend's marital problems other than to offer him emotional support.

 

[quincy]

What you've described isn't a crime ...

I disagree.

 

[Taxing Matters]

I disagree.

The details matter. In general, making generalized threats of violence is not a crime, but making specific threats of violence to the intended victim(s) may be. As for the advice given by the friend of the attacker, that's another layer back from what the person threatening the attack might face. The prosecution would have to prove collusion/conspiracy to reach the one giving the advice. That is hard to do when no attack has yet been made. It's easier to prosecute if the person getting the advice actually carries out that specific attack.

 

[quincy]

The details matter. In general, making generalized threats of violence is not a crime, but making specific threats of violence to the intended victim(s) may be. As for the advice given by the friend of the attacker, that's another layer back from what the person threatening the attack might face. The prosecution would have to prove collusion/conspiracy to reach the one giving the advice. That is hard to do when no attack has yet been made. It's easier to prosecute if the person getting the advice actually carries out that specific attack.

I agree that making “generalized threats of violence” is generally not a crime and that it is easier to support a criminal charge if first there is physical violence.

Any threats of violence that leads someone to fear for their safety should be reported to the police.

18 US Code section 373, Solicitation to commit a crime of violence: https://www.law.cornell.edu/uscode/text/18/373