Because Katelyn Has a Disability, She Receives Daily Care from Her

Because Katelyn has a disability, she receives daily care from her neighbour, Savannah. Savannah provides that care out of the goodness of her heart. She does not have an agreement of any sort with Katelyn. Caleb held a grudge against Katelyn as a result of a business dispute. He wanted to find some way of hurting her. He therefore told Savannah that he would burn her house down if she continued to care for Katelyn. Caleb's plan backfired. Savannah told Katelyn of the threat, and together they reported Caleb to the police. He was convicted of a crime. Katelyn, however, also wants to sue him for the tort of intimidation. The claim in intimidation will fail because

A) Caleb cannot be subject to both criminal prosecution and tort liability for the same act.
B) Caleb cannot be sued for intimidation because he did not act on behalf of the government.
C) the intimidation was unsuccessful.
D) Caleb did not threaten Emily directly.
E) Caleb was motivated by a desire to hurt Emily, rather than by a desire to benefit himself.