Defining Criminal Menacing

By Amy E. Feldman

PHILADELPHIA (CBS) - What is the crime of menacing, exactly?

A Colorado man is facing a felony charge of menacing by pointing a banana at two sheriff's deputies. Sounds like monkey business to me.

But other than being locked up for too many puns, what exactly is menacing? Because it kind of sounds like a catch all excuse for behavior that police don't like.

In fact, the definition of the crime of menacing is based on state law, so it varies. But in general, criminal menacing involves showing a weapon (even if you don't say "this is a stick up") or behaving in a way that puts a reasonable person in fear of physical injury or death.

While the police officer who arrested Dennis the Menace claims that he's seen handguns in all shapes and colors, it's pretty hard to believe that a trained police officer doesn't know the difference between a gun and a banana. Maybe if the suspect knew that the police officer had a life threatening banana allergy. Or placed the banana peel under the cop's feet as he was running.

While we are not privy to the actual altercation which may, indeed, have involved very real threats to the police officers or those around them, this is going to be a hard case to prove.