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Uttering Threats Charges in Canada
In Canada, uttering threats is a criminal offence under section 264.1 of the Criminal Code. Many people are surprised to learn how broad this law is. Charges can arise from heated arguments, text messages, social media posts, or even things said in the heat of the moment.
Even if you never intended to carry out the threat, simply making another person reasonably believe that you might can be enough to result in criminal charges.
What Counts as Uttering Threats?
The Criminal Code makes it illegal to knowingly threaten:
- To cause death or bodily harm to any person
- To damage or destroy property belonging to a person
- To harm or kill an animal belonging to a person
The threat does not need to be carried out, and it does not even need to be made directly to the person. It can be communicated through a third party, in writing, or online.
Penalties for Uttering Threats
Uttering threats is a hybrid offence, which means the Crown prosecutor can choose to proceed summarily (less serious) or by indictment (more serious).
- Summary conviction: Up to 2 years less a day in jail, a fine up to $5,000, or both
- Indictable offence: Up to 5 years in prison
Sentences can be even higher if the threat involves death threats, domestic violence, or gang-related activity.
A conviction also results in a criminal record, which can affect employment, travel, and future opportunities.
Why People Get Charged
Uttering threats charges often arise in situations such as:
- Heated disputes between spouses, partners, or family members
- Workplace conflicts
- Neighbourhood disagreements
- Arguments on social media or over text
In many cases, the words were spoken out of frustration, anger, or stress—not with any real intent to follow through.
Defending Against Uttering Threats Charges
At KJR, we know that context matters. A strong defence may involve showing that:
- The statement was not intended as a threat
- The alleged threat was misunderstood or taken out of context
- There is not enough evidence that the complainant reasonably feared for their safety
We review the facts carefully, challenge weak evidence, and work to protect your record and reputation.
Uttering Threats FAQ
What if I was joking?
Even if you thought you were joking, if the other person reasonably believed the threat was real, you can still be charged. Courts look at how the words were understood, not just what you meant.
What if I never meant to follow through?
Intent to carry out the threat is not required for a conviction. The offence is based on whether your words caused the other person to fear for their safety.
Can I be charged for something I said in a text or on social media?
Yes. Text messages, emails, and social media posts can all form the basis of an uttering threats charge. Even indirect messages (such as posting something publicly that the person later sees) can lead to charges.
What if the complainant doesn’t want to proceed?
Once charges are laid, it is up to the Crown prosecutor—not the complainant—whether the case moves forward. The alleged victim’s wishes may be considered, but they do not decide whether charges are withdrawn.
Will I go to jail for uttering threats?
Not necessarily. Jail is possible, especially for serious or repeat offences, but many cases are resolved with fines, probation, peace bonds, or conditional sentences—depending on the circumstances and the strength of your defence.
Will I have a criminal record?
Yes, if you are convicted. However, with the help of a criminal defence lawyer, it may be possible to avoid a conviction through negotiation, diversion programs, or other legal strategies.
How can you help me?
At KJR, we understand the extreme stress and fear that comes with a child luring investigation or charge. These cases move quickly, involve complex digital evidence, and carry some of the most severe consequences in criminal law. Our experienced Calgary criminal defence lawyers approach every case with discretion, precision, and an uncompromising focus on protecting your rights, your freedom, and your future.
If you are under investigation or have been charged, do not wait. Early legal advice can make a decisive difference in the outcome.
📞 Call us today at (587)-583-2808 to speak with a lawyer in strict confidence