1.135 — CRIMINAL THREATS

Violations of "Statute 1.135" results in a Class D Misdemeanor

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(a) Definitions

"Criminal Threats" shall mean any threat, whether verbal, written, or physical, that places a person in fear of imminent harm or death. The threat may be made directly or indirectly, and it may involve the use of words, gestures, or other means of communication.

(b) Elements

To establish the offense of criminal threats, the prosecution must prove beyond a reasonable doubt the following elements:

• That the defendant made a threat to another person or their property;

• That the threat placed the victim in reasonable fear of imminent harm or death;

• That the defendant intended the threat to cause fear or harm to the victim.

(c) Defenses

A defendant may raise the following defenses against a charge of criminal threats:

• Lack of Intent: The defendant did not intend to cause fear or harm to the victim through their words or actions.

• Ambiguous Statement: The defendant’s statement was vague, unclear, or made in jest, and did not reasonably cause the victim to fear for their safety.

• Constitutional Protections: The statement or action was protected under the First Amendment as free speech, without intent to incite violence or harm.

• Self-defense or Defense of Others: The threat was made as part of a legitimate effort to protect oneself or others from imminent harm.

(d) Aggravating Factors

The court shall impose enhanced penalties if the act of making a criminal threat involved aggravating circumstances, such as:

• The threat being made to a vulnerable person or group, such as a minor, elderly person, or someone with a disability.

• The threat being made in conjunction with other criminal activity, such as assault or harassment.

• The defendant having a prior history of making threats or engaging in violent behavior.

• The threat being made in a manner that caused the victim to fear for their life or the life of others, or resulting in significant emotional distress.

• The use of a weapon or a specific plan of action in conjunction with the threat.