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this post was submitted on 27 Jun 2023
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This one is going to require some poking around at other resources and summaries from legal minds greater than mine. I am baffled by the explanation laid out in this article.
This may be the most direct Catch-22 situation I've seen outside fiction novels, but with shitty stalkers. The stalker can't be convicted unless he's intending to threaten. He can't be considered threatening if he doesn't admit to being threatening. So as long as he says he didn't mean to threaten, despite literally telling the victim to die, he can't be convicted.