Threatening communications
I16Threatening communications
1
A person commits an offence if—
a
the person communicates material to another person, and
b
either Condition A or Condition B is satisfied.
2
Condition A is that—
a
the material consists of, contains or implies a threat, or an incitement, to carry out a seriously violent act against a person or against persons of a particular description,
b
the material or the communication of it would be likely to cause a reasonable person to suffer fear or alarm, and
c
the person communicating the material—
i
intends by doing so to cause fear or alarm, or
ii
is reckless as to whether the communication of the material would cause fear or alarm.
3
For the purposes of Condition A, where the material consists of or includes an image (whether still or moving), the image is taken to imply a threat or incitement such as is mentioned in paragraph (a) of subsection (2) if—
a
the image depicts or implies the carrying out of a seriously violent act (whether actual or fictitious) against a person or against persons of a particular description (whether the person or persons depicted are living or dead or actual or fictitious), and
b
a reasonable person would be likely to consider that the image implies the carrying out of a seriously violent act against an actual person or against actual persons of a particular description.
4
Subsection (3) does not affect the generality of subsection (2)(a).
5
Condition B is that—
a
the material is threatening, and
b
the person communicating it intends by doing so to stir up hatred on religious grounds.
6
It is a defence for a person charged with an offence under subsection (1) to show that the communication of the material was, in the particular circumstances, reasonable.
7
A person guilty of an offence under subsection (1) is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both, or
b
on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.