Intimidation

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Intimidation is intentional behavior "which would cause a person of ordinary sensibilities" fear of injury or harm. It's not necessary to prove that the behavior was so violent as to cause terror or that the victim was actually frightened.[1] "The calculated use of violence or the threat of violence to attain goals political, religious, or ideological in nature...through intimidation, coercion, or instilling fear" can be defined as terrorism.[2]

Threatening behaviours are supposed to be a maladaptive outgrowth of normal competitive urge for interrelational dominance generally seen in animals. In case of human beings, threatening behaviours may be more completely modulated by social forces, or may be more mercilessly plotted by individual egotism. “To use a 'threat of force' or to 'intimidate' or 'interfere with' means to say or do something which, under the same circumstances, would cause another person of ordinary sensibilities to be fearful of bodily harm if he or she did not comply.” [3]


Like all behavioral traits it exists in greater or lesser manifestation in each individual person over time, but may be a more significant "compensatory behavior" for some as opposed to others. Behavioral theorists often see threatening behaviours as a consequence of being threatened by others, including parents, authority figures, playmates and siblings. “Use of force is justified when a person reasonably believes that it is necessary for the defense of oneself or another against the immediate use of unlawful force.”[4]

Intimidation may be employed consciously or unconsciously, and a percentage of people who employ it consciously may do so as the result of selfishly rationalized notions of its appropriation, utility or self-empowerment. Intimidation related to prejudice and discrimination may include conduct "which annoys, threatens, intimidates, alarms, or puts a person in fear of their safety...because of a belief or perception regarding such person`s race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct."[5]


Intimidation may be manifested in such manner as physical contacts, glowering countenance, emotional manipulation, verbal abuse, purposeful embarrassment and/or actual physical assault. “Behavior may include, but is not limited to, epithets, derogatory comments or slurs and lewd propositions, assault, impeding or blocking movement, offensive touching or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons.”[6]


Criminal threatening is the crime of intentionally or knowingly putting another person in fear of imminent bodily injury. “Threat of harm generally involves a perception of injury…physical or mental damage…act or instance of injury, or a material and tangible detriment or loss to a person.”[7] “A terroristic threat is a crime generally involving a threat to commit violence communicated with the intent to terrorize another.”[8]


There is no legal definition in English law as to what behaviour constitutes "Intimidation", so it is up to the courts to decide on a case by case basis. However, if somebody threatens violence against somebody, then this may be a criminal offence.

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 a sign[9], 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. Coercion is the use of “pressure, threats, or intimidation” [10] to compel or “force somebody to do something” or “make something to happen.”[11]

"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. “It is not requisite, in order to constitute this crime, that personal violence should be committed.” [12]


Invasion of privacy or intimidation including surveillance[13] can be construed as interference with basic human rights[14] and infringement on civil liberties.[15] “An action for invasion of privacy is actually comprised of four distinct torts (legal wrongs). These are: intrusion upon seclusion; appropriation of name or likeness; publicity given to private life; and publicity placing the person in a false light…a plaintiff only has to prove one of the four torts, not all of the four torts.”[16] Given the similarity to voyeurism, a jury might find that placing a hidden camera in a certain location may amount to the torts of outrage or negligent infliction of emotional distress.[17] “The federal Video Voyeurism Protection Act of 2004 makes it a federal crime to secretly capture images of people on federal property in situations in which they have the expectation of privacy.”[18] A person who habitually follows another person with intent to intimidate, harass, or threaten, either expressed or implied, and places that person in reasonable fear of death or serious bodily harm can be guilty of stalking.[19] An act of stalking involving two or more parties working together to combine in such a way as to intimidate, harass, threaten or otherwise endeavor without express permission to unlawfully deprive a third party of their rights including rights to privacy or rights to property which can be protected under federal copyright law, including but not limited to original “works, ideas, discoveries, and inventions”[20] or deprive or threaten to deprive the exclusive rights to copy such property[21] can constitute collusion[22] and/or a civil conspiracy."[23]

  1. ^ Legal Definition of Intimidate [1]
  2. ^ U.S. Department of Army, Army Regulation 190-52
  3. ^ Legal Definition of Force, Threat Of Use [2]
  4. ^ Legal Definition of Self-Defense [3]
  5. ^ Harassment (Aggravated) Law & Legal Definition [4]
  6. ^ Harassment Law & Legal Definition [5]
  7. ^ Threat of Harm Law & Legal Definition [6]
  8. ^ Terroristic Threat Law & Legal Definition [7]
  9. ^ Noose: ‘Shameful' sign makes ominous return, by Darryl Fears, Washington Post [8]
  10. ^ Coercion [9]
  11. ^ Compel [10]
  12. ^ Legal Definition of Terror, Terrorism [11]
  13. ^ Guatemala Human Rights Commission/USA (GHRC), Guatemala Human Rights UPDATE Vol.19 No.04. February 13-28, 2007
  14. ^ Universal Declaration of Human Rights Article 12 [12]
  15. ^ The Right to Privacy [13]
  16. ^ The Right to Privacy [14]
  17. ^ Invasion of Privacy Law & Legal Definition [15]
  18. ^ Voyeurism Law & Legal Definition [16]
  19. ^ Stalking Law & Legal Definition [17]
  20. ^ Legal Definition Intellectual Property [18]
  21. ^ Copyright [19]
  22. ^ Collusion [20]
  23. ^ Conspiracy [21]

  • Ringer, Robert J. (2004). To Be or Not to Be Intimidated?: That Is the Question. M Evans & Co Inc. ISBN 1-59077-035-8. 

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