Criminal Jury Instructions for the District of Columbia
IV. Offenses
Scope
A. Crimes Against Persons
1. Assault and Threats

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/gesture/ communication [name of defendant] used] would cause a person reasonably to believe that [s/he] [name of target] would suffer bodily harm [if [name of event] occurred]; and

3. [Name of defendant] [spoke/wrote the words] [made the communication] for the purpose of issuing a threat, or with knowledge that the [words] [communication] would be viewed as a threat. 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.

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/gesture/ communication [name of defendant] used] would cause a person reasonably to believe that [[s/he] [name of target] would be [kidnapped] [suffer bodily harm]] [[his/her property] [name of target’s property] would be damaged] [if [name of event] occurred]; and

3. [Name of defendant] [spoke /wrote the words] [made the communication] for the purpose of issuing a threat, or with knowledge that the [words] [communication] would be viewed as a threat. 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.

 

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