If someone causally or even affectionately exclaims "I'll kill you for that!" I understand it's not likely illegal.
But if it includes intent to perform or even incite I would think that they would be investigated.
I think that is where it gets murky pretty quickly. I know they can't argue affection here, but I'm not sure that everybody who says what they would do if they saw someone is going to get charged for it.
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