Criminal Code 264.1: Uttering Threats Explained
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Charged with uttering threats? Tell us what happened.
The short answer
Section 264.1 of the Criminal Code makes it a crime to knowingly utter, convey or cause someone to receive certain threats. There are three types of threats, and the penalty depends on which type you are charged with. Understanding the exact section listed on your papers is the first step in understanding how serious your case is and how it is likely to proceed. See our uttering threats page for an overview.
Charged with uttering threats?
The three types of threats
- Death or bodily harm (s. 264.1(1)(a)): This covers a threat to kill or injure any person, and it carries up to 5 years by indictment.
- Property (s. 264.1(1)(b)): This covers a threat to burn, destroy or damage property, and it carries up to 2 years by indictment.
- Animals (s. 264.1(1)(c)): This covers a threat to kill, poison or injure an animal or bird that belongs to someone, and it carries up to 2 years by indictment.
All three are hybrid offences, so the Crown can also proceed by summary conviction. The general summary maximum is 2 years less a day, a fine of up to $5,000, or both (s. 787).
What "cc 264.1(2)(b)" means on your papers
Your papers may list the charge with extra numbers and letters. Section 264.1(2) sets out the penalty for threats of death or bodily harm. Section 264.1(2)(a) is the indictable route, which is the more serious one, while s. 264.1(2)(b) is the summary route, which is the less serious one.
So "264.1(2)(b)" usually means that the Crown has chosen, or may choose, to proceed summarily on a threat of death or bodily harm. Section 264.1(3) sets out the penalties for property and animal threats.
What the Crown must prove
The Crown must prove beyond a reasonable doubt that the words were a threat of the kind listed in the section, judged by how a reasonable person who knew all the circumstances would understand them. The Crown must also prove that you knowingly made the threat, meaning that you intended to intimidate or intended the words to be taken seriously.
The Crown does not have to prove that the person heard the threat, that they were afraid, or that you meant to or were able to carry it out.
What "bodily harm" means here
Bodily harm means any hurt or injury that interferes with a person's health or comfort and is more than brief or minor (s. 2). A threat to "slap" someone may not reach that level, while a threat to "break your legs" clearly does. If the words do not threaten bodily harm, they may not fit s. 264.1(1)(a) at all.
How the court process works
- Release: Most people are released with conditions, usually including no contact with the person threatened.
- Crown election: The Crown decides whether to proceed summarily or by indictment, which affects the maximum penalty.
- Trial court: Uttering threats is usually tried in the Ontario Court of Justice. If the Crown proceeds by indictment, you may be able to choose a higher court and a jury.
- Resolution or trial: Many cases resolve before trial, while others are decided by a judge after hearing the evidence.
Related sections
- Criminal harassment (s. 264): This covers threatening conduct and repeated contact. See our criminal harassment page.
- Violence against an intimate partner (s. 263.1): This can raise the maximum for a threat against a partner to 10 years.
- Assault (s. 265(1)(b)): This can cover a threatening act or gesture, if you had the ability to carry it out.
- Breach of release conditions (s. 145): Contacting the person in breach of your conditions is a separate offence.
Weapons prohibitions
A conviction or discharge can lead to a weapons ban. For an ordinary s. 264.1 threat, the ban is discretionary under s. 110, because the maximum is less than 10 years. If the threat is charged as violence against an intimate partner under s. 263.1 and prosecuted by indictment, the ban becomes mandatory under s. 109.
Possible outcomes
No conviction
These outcomes end the case without a criminal conviction.WithdrawalThe Crown drops the charge.
Withdrawal: The Crown may withdraw the charge if the evidence is weak or the words were not a threat.
Peace bondAgree to conditions under s. 810.
The charge is withdrawn, and you agree to conditions for up to 12 months.
DischargeFound guilty, but no conviction is entered.
You are found guilty, but no conviction is entered.
Conviction
These outcomes follow a finding of guilt and leave a criminal record.ConvictionThe court enters a conviction and imposes sentence.
The sentence depends on the type of threat, the context and your history.
Effects beyond the sentence
A conviction can affect jobs that require background checks and can cause problems when travelling to the United States. For non-citizens, a sentence of more than 6 months can raise immigration concerns, and a s. 263.1 charge carries a 10-year maximum that can affect a permanent resident's status on its own.
The evidence in a typical case
The evidence in a s. 264.1 case usually includes the complainant's statement to police, any screenshots, voicemails or recordings, and the accounts of witnesses who heard the words. In online cases, police may also obtain account records from the platform or search a phone with a warrant. Because the police file often contains only the most alarming message, the defence usually needs to gather the full conversation and the history between the people involved.
Intimate partner threats
When the threat is made against a current or former spouse, common-law partner or dating partner, the case is treated with particular seriousness. Since July 17, 2026, the Crown can charge violence against an intimate partner under s. 263.1, which raises the maximum penalty to 10 years and can make a weapons ban mandatory. Ontario Crown policy also limits peace bond resolutions in these cases to exceptional situations.
What to do now
- Read your release papers carefully and follow every condition exactly.
- Keep the complete message history, including messages that seem unhelpful.
- Do not discuss the allegation on social media or with mutual friends.
- Get legal advice before speaking to police or the complainant's family.
How we can help
We can explain exactly what you are charged with, what the Crown must prove and how your case is likely to proceed. Call (647) 223-1980 for a free consultation.
Frequently asked questions
Is uttering threats an indictable offence?
It is a hybrid offence, which means the Crown chooses whether to proceed by indictment or summary conviction.
What is the maximum penalty?
The maximum is five years by indictment for threats of death or bodily harm, and two years for property or animal threats.
Does the threat have to be made to the victim directly?
It does not, because the section also covers threats passed on through someone else.
Is threatening to damage someone's car a crime?
It can be a crime under s. 264.1(1)(b), which carries a lower maximum than threats against people.
What does "264.1(1)(a)" mean on my papers?
It means you are charged with threatening death or bodily harm, which is the most serious type of uttering threats.
Can a threat to damage property lead to a weapons ban?
A court can consider a discretionary weapons ban under s. 110 after a conviction or discharge for any type of uttering threats, although it is more common for threats against people.