Legal Question in Criminal Law in Pennsylvania

Terroristic threat by phone that was recorded

I was speaking to my grandchilds' mother on the phone. After a heated argument with her, I lost my temper and said I would kill her if she came to my home again. She then informed me that she had my threat recorded on tape and was going to press charges against me. After I was informed that the conversation was being recorded I made no more threats. Can this tape be used as the basis for a criminal case against me?


Asked on 6/04/03, 11:14 am

1 Answer from Attorneys
David L. Bargeron Unemployment Help Center

Re: Terroristic threat by phone that was recorded

It is unlawful to tape record a telephone conversation without prior consent. Additionally, even if the recording were to be used against you, the threat of harm ("I am going to kill you") must be imminent and the recipient must have actual fear. The Courts make a distinction between "puffing" or threats made in anger and actual threats designed to intimidate or scare a victim.

If your daughter-in-law is able to file charges, then nearly every person should be charged. How many times have you heard siblings issue threats of harm during arguments. I know that when I was younger I threatened my brother with death on many occasions. Of course, that threat was not real - no reasonable person would believe that I intended to act.

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Answered on 6/13/03, 5:23 pm


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