Threatening to kill someone is illegal in every US state and under federal law. It is a criminal offense that can be charged as a misdemeanor or felony depending on the state, the circumstances, and whether the threat was communicated across state lines.
Many people assume that angry words said in the heat of an argument carry no legal weight. Courts disagree. A credible, specific threat that places someone in reasonable fear of death or serious injury is a prosecutable crime, regardless of whether the person making the threat intended to follow through.
This article covers the specific elements that make a threat criminal, how courts analyze credibility, what the penalties look like by state, the 2023 Supreme Court ruling that changed how online threats are prosecuted, and what to do if someone has threatened you.
Is It Illegal to Threaten to Kill Someone
Threatening to kill someone is illegal in all 50 states and under federal law. No jurisdiction in the United States permits death threats. The specific charge, penalty, and legal elements vary by state, but the fundamental illegality is universal and not subject to exception.
The criminal offense is typically called criminal threats, terroristic threats, or criminal menacing depending on the state. All of these statutes share a core requirement: the threat must be communicated to the intended victim, it must be specific enough to cause reasonable fear, and it must be credible as a potential act rather than obvious hyperbole or venting.
The constitutional protection for free speech does not extend to true threats. The Supreme Court has consistently held that genuine threats of violence against specific individuals fall outside First Amendment protection. A person who threatens to kill someone cannot use free speech as a defense unless the statement clearly was not intended and could not be reasonably interpreted as a serious expression of intent to harm.
Quick Facts: Threatening to Kill Someone
- Illegal in all 50 states: Yes
- Federal law also applies: Yes, 18 U.S.C. 875 for interstate communications
- Protected by the First Amendment: No; true threats are not protected speech
- Must the threat be carried out to be a crime: No; the threat itself is the crime
- Most common charge level: Felony in most states for death threats
- Does context matter: Yes; courts look at all surrounding circumstances
What Counts as a Criminal Threat
A criminal threat is a communication that conveys a serious intent to commit violence against a specific person and causes that person to reasonably fear for their safety. Three core elements typically must be present for a statement to qualify as a criminal threat under most state laws.
First, the communication must be explicit enough that a reasonable person would interpret it as a genuine threat of violence, not as obvious venting, hyperbole, or a figure of speech. Saying “I could kill you for that” in an exasperated tone is treated differently from “I am going to kill you on Friday when I see you.”
Second, the intended victim must have actually received the communication or it must have been communicated in a way that was intended to reach them. A private journal entry expressing violent thoughts is not a criminal threat. A letter mailed to the victim expressing those same thoughts is.
Third, the threat must place the recipient in reasonable fear of bodily harm or death. Whether the fear is reasonable is evaluated from the perspective of an ordinary person in the victim’s situation, not from the perspective of the person making the threat.
Elements of a Criminal Threat:
- Specific threat of violence or death communicated to victim or their representative
- Credibility: The threat must be one a reasonable person would take seriously
- Reasonable fear: The victim must have actually experienced or would reasonably experience fear
- Intent: The person making the threat intended it to be received as a threat (post-Counterman: recklessness also sufficient)
- Not clearly hyperbole: Obvious venting or figures of speech may not qualify in some jurisdictions
Is Making a Death Threat a Felony
Making a death threat is a felony in most US states, though some states classify less severe threats as misdemeanors. The felony versus misdemeanor distinction typically depends on the specificity of the threat, whether a weapon was involved, and whether the threat was made in a context that suggests imminent danger.
California Penal Code Section 422 classifies criminal threats as a “wobbler,” meaning the prosecutor has discretion to charge it as either a misdemeanor or felony. When charged as a felony, it carries up to three years in state prison. Texas Penal Code Section 22.07, which covers terroristic threats, classifies the offense as a Class A misdemeanor for basic threats but escalates to a third-degree felony when the threat causes evacuation or serious public disruption.
Florida Statute 836.10 makes written threats to kill a second-degree felony, carrying up to 15 years in prison. New York Penal Law Section 240.25 (aggravated harassment) and Section 120.15 (menacing) create different charge levels based on the severity of the threat. The escalating penalty structure in most states means that repeated threats, threats involving weapons, or threats against specific protected classes carry substantially higher penalties.
Death Threat Charge Levels by State:
| State | Statute | Classification | Maximum Penalty |
|---|---|---|---|
| California | Penal Code 422 | Felony (wobbler) | Up to 3 years prison |
| Texas | Penal Code 22.07 | Class A misdemeanor to 3rd-degree felony | Up to 10 years (felony) |
| Florida | Statute 836.10 | Second-degree felony | Up to 15 years |
| New York | Penal Law 120.15 | Class A misdemeanor to B felony | Varies by degree |
| Illinois | 720 ILCS 5/12-9 | Class 4 to Class 1 felony | Up to 15 years |
| Georgia | O.C.G.A. 16-11-37 | Felony | 1 to 5 years |
Key Takeaway: Death threats are felonies in most US states, with prison sentences ranging from 1 to 15 years depending on the state and circumstances. Even in states that classify threats as misdemeanors, the consequences are serious and can include jail time, fines, and a permanent criminal record.
Criminal Threat Laws by State
Criminal threat laws exist in every US state, but the specific statutory framework, required elements, and penalty structure differ significantly. Understanding your state’s specific law matters because what constitutes a criminal threat in California may be charged differently in Texas or Florida.
Most states use one of three primary statutory frameworks: criminal threats (California model), terroristic threats (Texas, Pennsylvania model), or criminal menacing (Colorado, Delaware model). Each framework has slightly different elements but shares the core requirement of a communication that causes reasonable fear of imminent harm.
States also differ in whether the threat must cause actual fear in the victim or only be capable of causing such fear. California requires that the victim actually did sustain fear. Texas focuses more on whether the threat was intended to place the victim in fear. This distinction affects how prosecutors build their cases and what evidence they need to present.
| State | Statute | Offense Name | Specific Elements |
|---|---|---|---|
| California | Penal Code 422 | Criminal threats | Sustained fear required; specific and immediate |
| Texas | Penal Code 22.07 | Terroristic threats | Intent to place in fear of imminent harm |
| Florida | Statute 836.10 | Written threat to kill | Written or electronic; specific victim or group |
| New York | Penal Law 240.30 | Aggravated harassment | Communicated with intent to harass; fear required |
| Illinois | 720 ILCS 5/12-9 | Threatening a public official | Enhanced for officials; separate civilian statute |
| Pennsylvania | 18 Pa. C.S. 2706 | Terroristic threats | Terror communication; fear required |
| Colorado | C.R.S. 18-3-206 | Criminal menacing | Physical action or threat causing fear |
Penalty for Threatening to Kill Someone
The penalty for threatening to kill someone ranges from a misdemeanor fine of a few hundred dollars in the most lenient jurisdictions to 15 years in state prison for felony death threat charges in states like Florida. The wide range reflects the different statutory frameworks and the significant role that context and circumstances play in how these cases are charged.
For a basic first-offense criminal threat with no aggravating factors in a state that treats it as a misdemeanor, the penalty might be a fine of $500 to $2,000 and up to one year in county jail. In states where the charge is a felony, prison sentences of two to five years are common for first offenses, increasing significantly when the threat involves a weapon, targets a protected class, or is part of a pattern of threatening behavior.
Additional consequences beyond the criminal sentence can include a permanent criminal record, loss of the right to own or possess firearms under both federal law and state law, mandatory anger management or mental health treatment, civil restraining orders or protective orders, and civil lawsuits by the victim for emotional distress damages. These collateral consequences often outlast the criminal sentence itself.
Penalty Ranges for Death Threats:
| Situation | Typical Charge | Penalty Range |
|---|---|---|
| First offense, verbal threat, misdemeanor state | Misdemeanor | $500 to $2,000 fine; up to 1 year jail |
| First offense, verbal threat, felony state | Felony | 1 to 3 years prison |
| Written threat, Florida (Statute 836.10) | Second-degree felony | Up to 15 years prison |
| Online or interstate threat (federal) | Federal felony | Up to 5 years prison |
| Repeat offense or aggravated threat | Elevated felony | 5 to 15 years prison |
| Threat involving weapon display | Aggravated felony | Enhanced sentences apply |
Conditional Threats Legal or Illegal
Conditional threats, meaning threats that are phrased as “if you do X, I will kill you,” occupy a legally complicated space. They are not automatically protected speech, but courts analyze them differently from direct, unconditional death threats.
The legal question with conditional threats is whether the condition makes the threat less credible or whether the threat was intended to genuinely intimidate the recipient. Courts have consistently held that a conditional threat can still be a criminal threat if the condition is one that the victim might reasonably meet, or if the overall context makes clear that the person making the threat intended to cause fear.
A classic example: “If you testify against me, I will kill you” is a criminal threat in virtually every jurisdiction because the condition is realistic, the threat is specific, and the intent is clearly to intimidate. By contrast, “If you steal from me again, I’ll kill you” said in an exasperated tone to a friend might be treated as a conditional expression of frustration rather than a genuine threat, depending on the surrounding context, relationship, and prior communications.
Conditional Threat Analysis:
- Realistic condition: Threat where condition could plausibly be met; stronger criminal case
- Unrealistic condition: Obvious hyperbole or hypothetical; weaker criminal case
- Context matters heavily: Tone, relationship, delivery method, and surrounding facts
- Witness intimidation conditional threat: Always treated as serious criminal threat
- Domestic violence conditional threat: Treated as coercive control and serious threat
True Threat Doctrine Supreme Court
The true threat doctrine is the First Amendment framework that determines which threats can be criminally prosecuted without violating the constitutional protection for speech. The Supreme Court’s 2023 decision in Counterman v. Colorado significantly updated this doctrine and changed how lower courts analyze online threats.
Before Counterman, courts were split on whether a threat required the speaker to have a subjective intent to threaten, or whether it was enough that a reasonable person would interpret the statement as a threat (an objective standard). Counterman resolved this split by holding that criminal threat prosecutions require proof that the defendant was at least reckless about whether their communication would be perceived as threatening. Pure objective analysis was not enough.
This matters practically because recklessness means the defendant must have consciously disregarded a substantial and unjustifiable risk that their statement would be perceived as threatening. This is a harder standard for prosecutors than a purely objective “reasonable person” test, but it is still achievable. The Counterman decision does not give anyone a blank check to make violent statements by claiming they did not intend to threaten. It requires that they were at least aware of the substantial risk that their words would be received as a genuine threat.
True Threat Doctrine Timeline:
| Case | Year | Ruling |
|---|---|---|
| Watts v. United States | 1969 | Established that true threats are not First Amendment protected |
| Virginia v. Black | 2003 | Clarified that cross burning can be a true threat; intent relevant |
| Elonis v. United States | 2015 | Left mental state standard unresolved; avoided constitutional question |
| Counterman v. Colorado | 2023 | Set recklessness as minimum mental state for criminal threat prosecution |
Federal Threat Law 18 U.S.C. 875
Federal law under 18 U.S.C. 875 prohibits transmitting threats in interstate or foreign commerce, which in practice covers threats made via email, text message, social media, and other digital communication platforms. This federal statute operates separately from state criminal threat laws and can result in federal prosecution even when no state charges are filed.
Under 18 U.S.C. 875(c), transmitting in interstate commerce any communication containing a threat to injure the person of another carries a maximum penalty of five years in federal prison. The interstate commerce element is easily satisfied by any electronic communication, including texts, emails, and social media messages, because these communications typically travel through servers and infrastructure that cross state lines.
The practical significance of 18 U.S.C. 875 is that it gives federal prosecutors jurisdiction over online threats, including anonymous threats sent through digital platforms. Federal law enforcement, including the FBI, investigates threats made online when they satisfy the interstate commerce element. High-profile threats, particularly those targeting public figures, schools, or government officials, are frequently prosecuted under this statute.
18 U.S.C. 875: Key Provisions
| Subsection | Conduct Covered | Maximum Penalty |
|---|---|---|
| 875(a) | Interstate transmission of ransom threats | Up to 20 years |
| 875(b) | Threatening to kidnap or harm for extortion | Up to 20 years |
| 875(c) | Interstate transmission of threats to injure | Up to 5 years |
| 875(d) | Interstate threat communication for extortion | Up to 2 years |
Key Takeaway: Federal law under 18 U.S.C. 875 gives federal prosecutors jurisdiction over threats transmitted electronically, which includes virtually every modern form of digital communication. Online threats can result in both state and federal charges simultaneously.
Online Death Threats Law
Online death threats are prosecuted under both federal law (18 U.S.C. 875) and applicable state criminal threat statutes, and courts have consistently rejected the argument that online communication deserves special protection. A threat is a threat regardless of whether it is delivered in person, by phone, by letter, or through social media.
The volume and scale of online threats have driven more aggressive enforcement over the past several years. The FBI’s Internet Crime Complaint Center (IC3) tracks online threats as part of its cybercrime reporting system. Federal law enforcement prioritizes cases involving threats against public officials, school threats, and threats made to specific individuals that include personal information suggesting capability to carry them out.
Anonymity is not a reliable legal defense for online threats. Law enforcement agencies have developed sophisticated tools for identifying the individuals behind anonymous social media accounts, anonymous email services, and pseudonymous profiles. High-profile prosecutions for anonymous online threats have demonstrated that investigators can and do identify threat-makers despite technical attempts to hide their identities.
Online Threat Legal Framework:
- Federal jurisdiction: Any electronic communication involving interstate servers (18 U.S.C. 875)
- State jurisdiction: Concurrent with federal in most cases; state charges often filed alongside
- Anonymity as defense: Not legally valid; technical anonymity does not prevent identification
- Social media platforms: Required to comply with law enforcement subpoenas for user data
- Cyberstalking overlap: Repeated online threats may also be prosecuted under 18 U.S.C. 2261A
- School threats specifically: Often treated as terroristic threats with enhanced penalties
Is It Illegal to Threaten Someone in a Text Message
Threatening someone in a text message is illegal under both state criminal threat laws and the federal statute at 18 U.S.C. 875. Text messages are electronic communications that travel through cellular networks with interstate infrastructure, satisfying the federal interstate commerce element that triggers federal jurisdiction.
A text message threat is treated identically to a verbal threat or written letter threat in terms of criminal liability. The medium does not change the analysis. If the content of the text message would constitute a criminal threat in any other form, it constitutes a criminal threat as a text message.
Prosecutors actually find text message threats easier to prove than verbal threats because the text creates a permanent, timestamped record of exactly what was communicated. Unlike verbal threats, where the victim must testify about what was said and the defendant might dispute the wording, a text message threat is documentary evidence that speaks for itself. Text messages have been the primary evidence in hundreds of successful criminal threat prosecutions.
Text Message Threat: Practical Considerations:
- Federal jurisdiction satisfied: Yes; texts use interstate cellular infrastructure
- State jurisdiction: Yes; concurrent with federal in most cases
- Evidence quality: Extremely high; text is documentary record
- Can deleted texts be recovered: Yes, often through carrier records and forensic recovery
- Screenshots as evidence: Valid in court; best practice is to preserve original on device
- Sender identification: Cell phone numbers, IMEI data, and carrier records enable identification
Is It Illegal to Threaten to Kill a Dog
Threatening to kill a dog is illegal in most US states, though the specific charge and statute differ from those governing threats against humans. Threats against animals are typically prosecuted under state animal cruelty statutes rather than criminal threat statutes designed for human victims.
Most state animal cruelty laws prohibit not just acts of cruelty but also threats of harm to animals when those threats are communicated to the animal’s owner. The legal theory is that threatening to kill someone’s dog is a form of harassment, intimidation, or menacing directed at the owner through the threat to harm their property and companion.
In states with strong animal protection laws, such as California, Illinois, and New York, threatening to harm or kill a pet can be charged as a form of harassment, stalking, or animal cruelty depending on the circumstances. California Penal Code Section 597 covers animal cruelty broadly, and threatening conduct toward an animal may fall within that provision. Illinois’ Humane Care for Animals Act provides similar coverage.
Threats Against Dogs: Legal Framework:
| State | Applicable Statute | Charge Possible | Notes |
|---|---|---|---|
| California | Penal Code 597 | Misdemeanor to felony animal cruelty | Threatening conduct included |
| Illinois | 510 ILCS 70 (Humane Care Act) | Misdemeanor to felony | Threatening harm to animal covered |
| New York | Agriculture and Markets Law 353 | Misdemeanor to felony | Broad animal protection |
| Texas | Penal Code 42.09 | State jail felony | Cruelty to animals; threat may qualify |
| Florida | Statute 828.12 | First-degree misdemeanor to felony | Animal cruelty broadly defined |
Difference Between Assault and Criminal Threat
Assault and criminal threat are related but distinct offenses. Understanding the difference matters because they are charged separately, have different elements, and can occur independently of each other.
Assault, in most states, is the intentional act of placing another person in reasonable apprehension of imminent harmful or offensive physical contact. The emphasis is on immediacy and on conduct rather than communication. Assault typically requires that the defendant had the present ability to carry out the threatened contact and took some action toward doing so.
A criminal threat does not require immediacy or present ability to carry out the threat. The threat can be about future harm. It can be communicated at a distance, by letter, or electronically. The focus is on whether the communication caused reasonable fear of bodily harm or death, not whether the defendant was physically positioned to immediately carry out the threat.
Assault vs. Criminal Threat Comparison:
| Element | Assault | Criminal Threat |
|---|---|---|
| Immediacy required | Yes; imminent harm | No; future threats also covered |
| Physical proximity required | Generally yes | No; can be remote communication |
| Communication required | Not necessarily | Yes; must be communicated to victim |
| Present ability required | Usually | No |
| Weapon required | No | No |
| Written/electronic | Not typical | Covered explicitly |
| Federal jurisdiction | No specific statute | 18 U.S.C. 875 applies |
What to Do if Someone Threatens to Kill You
If someone threatens to kill you, you should take the threat seriously, document it immediately, and report it to law enforcement. Do not assume the threat is empty or that the person is just venting. Courts take credible death threats seriously, and law enforcement is obligated to investigate reported threats.
The first practical step is to preserve all evidence of the threat. If it was made in a text message, screenshot it and also preserve the original on your device. If it was an email or social media message, screenshot it with the sender’s name and account information visible. If the threat was verbal, write down exactly what was said as soon as possible after the incident, including witnesses, location, and time.
Reporting the threat to local police creates an official record. Even if no arrest is made immediately, the police report establishes that you reported the threat, which is relevant if the situation escalates. You can also pursue a civil protective order or restraining order through your local court, which legally prohibits the threatening person from contacting you. Violation of a protective order is itself a criminal offense.
Steps to Take After Receiving a Death Threat:
- Preserve all evidence immediately; do not delete messages
- Report to local law enforcement with all documentation
- Request a police report number for your records
- Contact your local courthouse about emergency protective order process
- Inform trusted people in your life about the threat and who made it
- Increase personal safety measures as appropriate
- Consider consulting a victim advocate or victim services organization
- If threat involves federal nexus (online, cross-state), also report to FBI IC3
Frequently Asked Questions
Is threatening to kill someone always a felony in the United States?
Not always, but it is a felony in most states for a direct death threat.
Some states classify basic criminal threats as misdemeanors when there are no aggravating factors, such as weapons, protected class targeting, or repeated conduct.
Florida’s written threat to kill statute is a second-degree felony carrying up to 15 years, while Texas classifies a basic terroristic threat as a Class A misdemeanor.
Federal charges under 18 U.S.C. 875 for online or electronic threats carry up to five years in federal prison.
What elements must be proven to convict someone of making a criminal threat?
Prosecutors must typically prove that the defendant communicated a threat to the victim, that the threat was specific enough that a reasonable person would take it seriously, and that the victim experienced or would reasonably experience fear.
After the 2023 Supreme Court decision in Counterman v. Colorado, prosecutors must also prove the defendant was at least reckless about whether their communication would be perceived as a genuine threat.
Context, delivery method, prior relationship, and specific language all factor into whether the required elements are satisfied.
Can you be prosecuted for a threat made online or by text message?
Yes, threats made online or by text message are fully prosecutable under both state criminal threat laws and federal law.
Under 18 U.S.C. 875(c), transmitting a threat through interstate commerce, which includes virtually all electronic communication, carries up to five years in federal prison.
Text messages and social media posts are often the easiest threats to prosecute because they create a permanent documentary record of exactly what was communicated.
What is the difference between a conditional threat and a criminal threat?
A conditional threat is phrased as “if you do X, I will kill you,” while a direct criminal threat is unconditional.
Courts do not automatically treat conditional threats as protected speech. If the condition is realistic and the threat is intended to cause fear, a conditional threat is still a criminal offense.
Threats conditioned on a witness testifying or a victim reporting a crime are particularly serious and are prosecuted aggressively as witness intimidation.
What should you do if someone has threatened to kill you?
Preserve all evidence of the threat immediately, including screenshots, written records, and witness information.
Report the threat to local law enforcement and request a police report number.
You can pursue an emergency protective order through your local court to legally prohibit the threatening person from contacting you.
If the threat was made online or by electronic communication, also report it to the FBI’s Internet Crime Complaint Center at IC3.gov.
Threatening to kill someone is a serious federal and state crime with real consequences including prison, a permanent criminal record, and loss of firearm rights. The law draws clear lines between protected angry speech and prosecutable criminal threats.
Bookmark this page as your reference for threat law in the US. Share it with anyone who has received a threat or wants to understand where their own speech could cross a legal line.
