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Can I report to the police for filing when I receive threatening text messages?
Intimidation is illegal, and the degree of punishment depends on the harm caused by intimidation. Threatening means threatening others by harming their rights and interests or public interests, which makes them feel fear and panic. If the threat is serious, you can consider calling the police. The public security organ may take administrative detention measures against the other party according to relevant regulations. If the circumstances are serious, the criminal responsibility of the other party shall be investigated according to the crime of stirring up trouble. The elements of the crime of intimidation are as follows:
1, the infringed legal interest is the peace of personal daily life and the freedom of life safety from intimidation by others;
2. The object of behavior is a single natural person;
3. Behavior is intimidation, that is, informing others of things that endanger life, body, freedom, reputation, property, etc. to make them afraid;
4. Once the perpetrator's threatening behavior is completed, it can make the victim feel fear, which can constitute a crime of intimidation. What the perpetrator threatened does not have to become a fact.
Whether threatening to make a phone call is a crime of intimidation needs to be determined according to the specific circumstances. There is no crime of intimidation in China's criminal law, but it is stipulated in the crime of provoking trouble that intimidating others constitutes a crime. Threatening others by telephone, which constitutes a crime, shall be punished according to the crime of stirring up trouble; If it does not constitute a crime, it shall be punished in accordance with the relevant provisions on public security management.
legal ground
Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law shall be detained for less than five days or fined less than five hundred yuan for any of the following acts; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred 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.
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