Does a victim's subjective state of mind matter in determining whether a defendant's actions would inspire fear in a reasonable person?
MultiRegion, United States of America
The following excerpt is from United States v. Hendricks, No. 15-2525-cr (2nd Cir. 2019):
41. United States v. Gilmore, 282 F.3d 398, 403 (6th Cir. 2002) (internal quotation marks omitted); cf. United States v. Walker, 835 F.2d 983, 987 (2d Cir. 1987) (noting that a victim's subjective state of mind can be relevant to the question of whether a defendant's behavior would inspire fear in a reasonable person for the purposes of 18 U.S.C. 111).
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