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Profile: Jason Leger
User Name: Jason Leger
Forum Rank: Newbie
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Joined: Thursday, July 4, 2019
Last Visit: Sunday, June 6, 2021 2:58:01 PM
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Topic: When someone says, "If you do that, I will beat the crap out of you"
Posted: Sunday, June 6, 2021 2:57:59 PM
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.