AB147-AA5,1,114
940.203
(3) In order to find an actor guilty of making a threat under this
5section, the court or jury must find that the actor made a statement that the actor
6would reasonably foresee that a listener would reasonably interpret as a serious
7expression of a purpose to inflict harm, as distinguished from hyperbole, jest,
8innocuous talk, expression of political views, or other similarly protected speech. It
9is not necessary that the actor have the ability to carry out the threat. In determining
10whether a statement is a true threat, the totality of the circumstances must be
11considered.".
