DC Instruction 4.130. THREATS

DC Instruction 4.130. THREATS

State: District of Columbia

Criminal Jury Instructions for the District of Columbia
Fifth Edition (2014)
IV. OFFENSES
Instruction 4.130. THREATS

D.C. Code § 22-407; D.C. Code § 22-1810

A. THREATS TO DO BODILY HARM (MISDEMEANOR THREATS—D.C. CODE § 22-407)

The elements of threats, each of which the government must prove beyond a reasonable doubt, are that:

1. [Name of defendant] [spoke words heard by] [wrote words in [a letter] [an email] received by] [[insert other form of communication] to] [name of recipient] [name of target] [another person];

2. The [words [name of defendant] spoke/wrote] [symbol [name of defendant] used] would cause a person reasonably to believe that [s/he] [name of target] would be seriously harmed [if [name of event] occurred]; and

3. [Name of defendant] intended [name of recipient] [name of target] to believe that [[s/he] [name of target] would be seriously harmed [if [name of event] occurred].

The government is not required to prove that [name of defendant] intended to carry out the threat.

B. THREATENING TO KIDNAP OR INJURE A PERSON OR DAMAGE HIS PROPERTY (FELONY THREATS—D.C. CODE § 22-1810)

The elements of threats, each of which the government must prove beyond a reasonable doubt, are that:

1. [Name of defendant] [spoke words heard by] [wrote words in [a letter] [an email] received by] [[insert other form of communication] to] [name of recipient] [name of target] [another person];

2. The [words [name of defendant] spoke/wrote] [symbol [name of defendant] used] would cause a person reasonably to believe that [[s/he] [name of target] would be [kidnapped] [seriously harmed]] [[his/her property] [name of target’s property] would be damaged] [if [name of event] occurred]; and

3. [Name of defendant] intended [name of recipient] [name of target] to believe that [[s/he] [name of target] would be [kidnapped] [seriously harmed]] [[his/her property] [name of target’s property] would be damaged] [if [name of event] occurred]. The government is not required to prove that [name of defendant] intended to carry out the threat.

[It is not necessary that the intended victim actually heard the words, or learned about them.]

In considering whether the government has proved beyond a reasonable doubt that [name of defendant] threatened [name of target], you should consider all the evidence, including the circumstances under which the words were spoken/written; facial expression, body language, tone and inflection, punctuation, and other ways of giving words meaning; and the nature of the relationship between the parties.

By | 2015-06-14T20:54:54+00:00 June 14th, 2015|Comments Off on DC Instruction 4.130. THREATS