Navigating Death Threats Across Jurisdictions: What Police Department Should You Contact?

When faced with a death threat from someone in another state, it can be daunting to know which police department to contact for assistance. This article provides a comprehensive guide to help you understand the procedures and jurisdictional considerations involved.

Understanding the Jurisdictional Implications of a Death Threat

If someone in another state makes a death threat, it can often be challenging to determine which police department is responsible for the investigation and potential legal action. In California, for instance, the crime is considered to have occurred in both jurisdictions where each party is located. This ambiguous situation can confuse individuals on how to proceed with reporting the threat.

Steps to Take When Reporting a Death Threat Across Jurisdictions

Practically, the best course of action is to make a report to your local police agency. From there, they can facilitate the necessary transfers and notifications to the relevant jurisdiction where the threat was made. This approach ensures that the incident is documented and reported accurately, which can be crucial for legal proceedings.

Alternatively, you can call the police agency in the jurisdiction where the threat was made. However, the effectiveness of this approach may vary, and it is generally more beneficial to start with your local authorities.

Understanding the Definition of a Threat in Different Jurisdictions

To ensure that the threat is taken seriously, it is essential to understand the legal definition of a threat in the involved jurisdictions. In California, a threat must be clear, unequivocal, unconditional, and specific. Additionally, the threat must cause the victim actual fear for their safety or that of their immediate family. Here are the key elements of the crime:

The subject threatened to kill or cause great bodily injury to another. The subject made the threat orally, in writing, or via an electronic device. The subject intended the statement to be taken as a threat. The threat was clear, unequivocal, unconditional, and specific. The threat caused the victim to sustain actual fear for their safety or that of their immediate family. The threat caused reasonable fear to the recipient.

These elements help determine whether the threat is actionable. It is crucial to review the laws of the state where the threat was uttered, as well as your local laws, to gain a complete understanding of the situation.

Reaching Out to State Police Departments and Federal Agencies

If the threat is inter-state, it may be advisable to contact both state police departments or the FBI. The FBI is known to respond to such threats, and you can find their contact information online. Retaining a copy of any relevant communications, such as voice mails, can be beneficial for future reference.

According to legal advice, I received a voice mail back from the FBI and did not erase it for six months to serve as evidence of communication received.

Reporting to Local Authorities

Reporting the threat to your local police department is the first step in addressing the issue. If the threat is significant and credible, your local authorities will coordinate with other agencies, including state police or the FBI, if necessary. The key to credibility in this scenario is the transfer of intent, means, and a genuine fear for personal safety.

There are two types of threats: one where the individual is merely venting and lacks any credible reason or means to carry out the threat, and another where there is a genuine intent and significant risk involved. For instance, if you witnessed a crime and the perpetrator threatens you not to report it, this would be a credible threat because the individual has both the means and intent to follow through.

Your local police force is well-equipped to handle cross-jurisdictional matters and can facilitate the necessary cooperation between agencies to resolve the issue effectively.