Also known as: threats of force
Written by attorneys · grounded in primary & secondary sources — see below
A method of compulsion equivalent to the actual use of physical force. It consists of words or conduct that create a reasonable fear of immediate serious bodily injury sufficient to overcome a victim's resistance in crimes such as rape or robbery.
During a home invasion, Victor brandishes a knife and tells homeowner Helen he will rape her by force or threat of force if she does not submit. When Helen resists and Victor kills her, the threat satisfies the predicate felony element. Prosecutors therefore charge Victor with murder under the presumption of extreme indifference to human life.
Defendant Derek tells victim Vera he will kill her if she refuses intercourse. Vera submits without physical struggle because she reasonably fears immediate death. The threat of force supplies the compulsion element of rape even though Derek never touches Vera until the sexual act itself.
Select any source to read its text and confirm it supports the definition.
Thief Theo points a realistic toy gun at store clerk Clara and demands the cash register. Clara surrenders the money because she reasonably believes the gun is real and fears being shot. The threat of force converts the theft into robbery without any actual discharge or contact.
Robber Rita uses a verbal threat of shooting to take a victim's purse. At sentencing the judge finds the threat as an aggravating fact that increases the statutory maximum. The finding must be made by a jury because it functions as an element of the greater offense.
Murderer Mike commits homicide while also attempting rape by threat of force against the victim. The jury finds the threat satisfies the statutory aggravating circumstance of rape by force or threat of force. That finding supports imposition of the death penalty.
Repeat offender Owen's current theft involves a threat of force against the store owner. The prior conviction plus the present threat elevates the offense under the three-strikes statute. Owen receives a sentence of twenty-five years to life.
No. Courts hold that words alone or conduct creating a reasonable fear of immediate serious bodily injury suffice. The victim need not see a weapon if the threat is credible under the circumstances.
Supporting sources
No. Modern statutes and case law recognize that a reasonable fear of serious harm excuses physical resistance. The threat itself supplies the compulsion element.
Supporting sources
Under Model Penal Code section 210.2(1)(b), recklessness and extreme indifference are presumed when the actor commits or attempts rape or robbery by force or threat of force and a death results. The threat therefore elevates the homicide to murder.
Supporting sources
Yes. A threat phrased as 'hand it over or I will injure you' satisfies the element when it creates immediate fear of serious harm and induces compliance.
Supporting sources
…an attempt to commit, or flight after committing or attempting to commit robbery, rape or deviate sexual intercourse by force or threat of force, arson, burglary or kidnapping. "(f) The murder was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from lawful custody. "(g) The murder was…