in Interest of R.D

Summary

The court held that a true threat is a statement that, viewed in context and under the totality of the circumstances, an intended or foreseeable recipient would reasonably perceive as a serious expression of intent to commit unlawful violence. It adopted online-specific contextual factors, including the broader exchange, platform, manner of communication, parties’ relationship, and recipients’ reactions, and held that the statute also required proof of R.D.’s subjective intent to threaten. The court reversed the court of appeals and remanded for reconsideration under the refined framework.