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Can I file a case for threatening to call the police by SMS?

Legal analysis

The crime of threatening and intimidating refers to the crime of intimidating others by hurting their life, body, freedom, reputation and property, which is dangerous to their safety. The constitutive requirements are as follows: (1) The legal interests infringed by this crime are the peace of personal daily life and the freedom of life safety from intimidation by others. (2) The object of this crime is a single natural person. (3) Once the perpetrator's threatening behavior is completed, it can scare the victim's heart and can constitute this crime. What the perpetrator threatens does not have to become a fact. According to the law, under normal circumstances, SMS threats cannot constitute a crime. If the circumstances of insulting or intimidating others are bad, it constitutes the crime of picking quarrels and provoking troubles, and is convicted and sentenced. If the circumstances are minor, administrative punishment will be imposed in accordance with the Law of People's Republic of China (PRC) on Public Security Administration Punishment. Generally, they will be detained for less than five days or fined less than 500 yuan; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan.

legal ground

Article 42 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment commits one of the following acts, and shall be detained for less than 5 days or fined for less than 500 yuan; If the circumstances are serious, he shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan:

(1) writing threatening letters or threatening the personal safety of others by other means;

(2) publicly insulting others or fabricating facts to slander others;

(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;

(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;

(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;

(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.