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(4) The victim believed the threatened harm to be imminent. A felony criminal threat is a strike under California's three strikes law. For example, in Oregon a violation of the state criminal statute for intimidation results in a civil violation.
Intimidation can also be a civil offense, in addition to a criminal offense, in some U.
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Intimidation (also called cowing) is intentional behavior that "would cause a person of ordinary sensibilities" to fear injury or harm.
It is not necessary to prove that the behavior was so violent as to cause terror or that the victim was actually frightened.
Intimidation related to prejudice and discrimination may include conduct "which annoys, threatens, intimidates, alarms, or puts a person in fear of their safety...because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct." Intimidation may be manifested in such manner as physical contacts, glowering countenance, emotional manipulation, verbal abuse, making someone feel lower than you, purposeful embarrassment and/or actual physical assault.
"Behavior may include, but is not limited to, epithets, derogatory comments or slurs and lewd propositions, assault, impeding or blocking movement, offensive touching or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons."(1) A person commits the offense of intimidation when, with the purpose to cause another to perform or to omit the performance of any act, the person communicates to another, under circumstances that reasonably tend to produce a fear that it will be carried out, a threat to perform without lawful authority any of the following acts: (1) A person is guilty of ethnic intimidation if that person maliciously, and with specific intent to intimidate or harass another person because of that person's race, color, religion, gender, or national origin, does any of the following: (3) Regardless of the existence or outcome of any criminal prosecution, a person who suffers injury to his or her person or damage to his or her property as a result of ethnic intimidation may bring a civil cause of action against the person who commits the offense to secure an injunction, actual damages, including damages for emotional distress, or other appropriate relief.