Sand Springs, OK asked in Criminal Law for Oklahoma

Q: would saying a person would do everything in his power to keep a Sen from being elected be a crime, no criminal intent

I was upset that my Senator would not stand with our President and called him to tell him i would do anything in my power to keep him from being re-elected. I left my name I would not do anything to break the law! I have never broken the law in my life. Honorably discharged veteran, but i could see where it might sound extreme. Again i had no criminal intent.

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1 Lawyer Answer
David A. Cincotta
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Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: Are you asking this just based on concerns you have after thinking about what you said or have you been contacted by law enforcement or threatened with prosecution as a result of your call? Generally speaking, everyone has a right to call their elected officials and speak about issues that are important to the caller; however, there are limits as to what can be said or threatened. True threats of violence (viewed from the perspective of a reasonable person) are beyond the limits and are not protected speech that can result in criminal penalties. Based on your summary of what you said in the call, you didn't threaten to cause any physical harm to anyone nor did you threaten to violate the law. Based on your summary of what you stated in the call, your statements are protected speech under the First Amendment.

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