What does it mean when I am charged with Uttering a Threat?
By: Hershberglaw
Date: August 31, 2022
If someone makes a threat in any manner (in person, on the phone, via email, facebook, MSN Messenger, through someone else, etc…), provided that it was knowingly made and that it was a threat to cause death or serious bodily harm to a person, he or she can be charged with Uttering a Threat.
What this means is that mere words can give rise to a criminal charge of threatening bodily harm. You do not have to intend to actually carry through with the threat. You also do not even have to be physically able to act on the threat. If you threaten someone intentionally, then you can be charged with a criminal offence. The definition of Uttering a Threat can be found in Section 264.1 of the Criminal Code of Canada.
Potential Penalty:
i) If the Crown proceeds by way of Indictment and you are charged with uttering a threat to cause death or bodily harm to another person, the maximum jail sentence allowed is 5 years.
ii) If the Crown proceeds by way of a summary conviction and you are charged with uttering a threat to cause death or bodily harm to another person, the maximum jail sentence is 18 months.
Potential Penalty:
i) If the Crown proceeds by way of Indictment and you are charged with uttering a threat to burn, destroy, or damage property OR to kill, poison, or injure an animal or bird that is the property of any person, the maximum jail sentence allowed is 2 years.
ii) If the Crown proceeds by way of a summary conviction and you are charged with uttering a threat to burn, destroy, or damage property OR to kill, poison, or injure an animal or bird that is the property of any person, the maximum jail sentence is 6 months.
