Criminal threatening is the crime of intentionally or knowingly putting another person in fear of imminent bodily injury. In most U.S. jurisdictions, the crime remains a misdemeanor unless a deadly weapon is involved or actual violence is committed, in which case it is usually considered a felony.
Criminal threatening can be the result of verbal threats of violence, physical conduct (such as hand gestures or raised fists), actual physical contact, or even simply the placing of an object or graffiti on the property of another person with the purpose of coercing or terrorizing.
Criminal threatening is also defined by arson, vandalism, the delivery of noxious biological or chemical substances (or any substance that appears to be a toxic substance), or any other crime against the property of another person with the purpose of coercing or terrorizing any person in reckless disregard for causing fear, terror or inconvenience;
"Terrorizing" generally means to cause alarm, fright, or dread in another person or inducing apprehension of violence from a hostile or threatening event, person or object.
The elements of criminalthreatening in this case are thus not a subset of the elements of kidnapping.
Consequently, criminalthreatening is not a lesser-included offense of kidnapping.
The criminalthreatening indictment required the State to prove that the wife was "in fear of imminent bodily injury," while the kidnapping indictment did not; the kidnapping indictment required the State to prove that the defendant "confined another under his control with the purpose to terrorize her," while the criminalthreatening indictment did not.
He also contends that criminalthreatening is a lesser-included offense of kidnapping and, therefore, the consecutive sentences he received for convictions upon both indictments violated double jeopardy.
The elements of the variant of criminalthreatening with which the defendant was charged are that he: (1) acted purposely; (2) by physical conduct placed or attempted to place another in fear of imminent bodily injury or physical contact; and (3) used a deadly weapon.
Moreover, the second and third elements of criminalthreatening, placing or attempting to place another in fear of imminent bodily injury or physical contact by physical conduct and use of a deadly weapon, are not elements of kidnapping.
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