South Australian Current Acts

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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 19

19—Unlawful threats

        (1)         A person who—

            (a)         threatens, without lawful excuse, to kill or endanger the life of another; and

            (b)         intends to arouse a fear that the threat will be, or is likely to be, carried out, or is recklessly indifferent as to whether such a fear is aroused,

is guilty of an offence.

Maximum penalty:

            (a)         for a basic offence—imprisonment for 10 years;

            (b)         for an aggravated offence—imprisonment for 12 years.

        (2)         A person who—

            (a)         threatens, without lawful excuse, to cause harm to another; and

            (b)         intends to arouse a fear that the threat will be, or is likely to be, carried out, or is recklessly indifferent as to whether such a fear is aroused,

is guilty of an offence.

Maximum penalty:

            (a)         for a basic offence—imprisonment for 5 years;

            (b)         for an aggravated offence (except one to which paragraph (c) applies)—imprisonment for 7 years;

            (c)         for an offence aggravated by the circumstances referred to in  section 5AA(1)(c), (ca) or (ka)—imprisonment for 8 years.

        (3)         This section applies to a threat directly or indirectly communicated by words (written or spoken) or by conduct, or partially by words and partially by conduct.

        (4)         In this section—

"harm", in relation to a person, has the same meaning as in section 21.



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