Is this really a threat?

[bmark598]

I recently married a divorced woman with a small child. The daughter has recently shared with me that her natural father continues to tell her that he will kill me, her step-father, if we ever kiss or hug one another as any father would towards his children. I love her as my own and I always give her a kiss on the forehead and hugs before I head to work and at night as mom and I tuck her in bed. Her natural father has stated, "I am going to kill him if he gives you hugs and kisses." I know he makes those threats partly due to jealousy and immaturity but is an actual crime being committed? I just don't like how he, being 43, tells his 6 year old daughter, that he wants to kill her new step-father. It's gotta be damaging emotionally to hear her natural father say that about another man in her life that she loves like a father as well.

[DeltaV]

You don't say where you are but in Florida that would not be a crime. Bad parenting, sure, but not criminal. At most it may be something that your state's department of children & families could look into, but unless he's physically doing something to her I doubt that it will go anywhere with them either.

[ChesCopPodz]

Not a crime in Colorado either.

Something that you could try to get a protection order over though. Then if the protection order is violated, it is a crime

[icu650]

How is the child's father seeing her ? Is this through some sort of agreement through the courts such as visitation rights or does he just come and go as he wants? Is your wife afraid of him? Is the child afraid of him? How many hours a week does he get to see his daughter and where does he take her? Does your wife know if he has any weapons or has been violent before?

[TEXASCOP]

In Texas, threats against another could fall under Terroristic Threat. Although the threat must place you in fear of imminent serious bodily injury or death. Which kinda rules your case out because someone that is in fear of imminent serious bodily injury or death would have called 911 instead of posting a question in Ask-a-Cop. The other question is do you believe he is capable of carrying out such a threat? You can contact your local police/sheriff's office and ask.

[CPL1897]

I did a "little research" and it appears that based on your post it will not meet the neccesary criteria for "assault" or what people call a "threat". In most states as well as mine there has to be a "physical threat of harm", "the ability to immediately carry out the threat", and "you have to be in fear of the threat" if any of those three are missing it would not be a chargeable offense.. BUT again without knowing where you live, none of us will be able to give you an accurate answer, your best bet would
be to speak to LE where you live, and where he lives may be an issue also (if he is making the threats from another state for example)..

GOOD LUCK