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Is it illegal to send curse messages or threaten messages?
Legal analysis
Sending curse information or threatening information has violated the law and is a provocation. If the circumstances are minor, a fine of detention shall be imposed; If the circumstances are serious, they will be investigated for criminal responsibility and sentenced to fixed-term imprisonment. The subject of this behavior is a natural person who has reached the age of responsibility and has the ability to be responsible. The object of infringement is the personal safety of citizens, and the object of infringement is individual citizens. Objectively speaking, the actor writes threatening letters or threatens the personal safety of others in other ways. Threatening methods include both writing threatening letters and other ways. It can be a direct threat or an indirect threat; It can be a threat from the actor himself or through the information of a third person; Others threatened to reveal other people's privacy. No matter what means are used to threaten, whether there are consequences or not, it will not affect the establishment of this act, and the means and consequences are only used as discretionary circumstances for punishment. The target of the threat is a specific individual. The purpose of the actor directly points to the life, health and safety of others, and its motives may be varied, some to vent dissatisfaction, some to obtain illegitimate political and economic interests. If the perpetrator obtains property by threatening means, it constitutes the crime of extortion. Affray refers to the acts of affray, chasing and intercepting others, extortion or arbitrary damage and possession of public and private property.
legal ground
Article 293 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance for any of the following acts: (1) beating others at will, if the circumstances are bad; (two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad; (three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious; (4) Causing serious disorder in public places. Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined. Article 293- 1 In any of the following circumstances, it is the collection of illegal debts such as high-interest loans. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined: (1) using violence or coercion; (2) restricting the personal freedom of others or intruding into others' houses; (3) Threatening, stalking or harassing others.
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