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.