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When someone says, "If you do that, I will beat the crap out of you" Options
JessiWan
Posted: Friday, April 16, 2021 9:29:47 PM
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Joined: 4/16/2021
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Hello. We all know that when someone says, "I am going to beat the crap out of you", it's a threat. And if he says it to someone in real life, he could wind up in front of a judge. However, what about this: "If you do that, I will beat the crap out of you"? It's a conditional. But it kind of contains a threat, too. So, if someone says this in real life, will it also be a criminal matter?

Thanks.
Jason Leger
Posted: Sunday, June 6, 2021 2:57:59 PM

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Joined: 7/4/2019
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Location: Minneapolis, Minnesota, United States
This question whether or not it is conditional, is only part of the question, as the circumstances and context of the threat are important here, as this standing alone would not constitute a Crime if it were being uttered in order to prevent one from injuring the speaker here, or another. Such as "If you hit me, or you hit that child I will beat the crap out of you!" In this scenario, the conditional threat is a verbal attempt at providing defense to oneself or another and could be considered reasonable in any number of circumstances, and especially in a "Stand your ground" Jurisdiction.

Now if this were uttered in a domestic violence incident where the speaker makes such a threat if, for example, the man wishes to leave the situation, and the woman becomes angry or wishes to continue an argument, and she says for example. "If you leave, I will beat the crap out of you." Then she is guilty of domestic violence, in the 5th degree in my jurisdiction for causing (fear).

And in any event that is nondomestic related the threatened battery in and of itself would sound in Tort, if a civil action were to result in the events surrounding the threat of battery. Hope this helps.
Richard Ginter
Posted: Monday, June 14, 2021 4:38:33 PM

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Joined: 4/28/2021
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It might be a violation of the criminal code if the person has reason to believe that the speaker of the threat will beat the person. This is considered "criminal assault" and punishable as a misdemeanor in Illinois.
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