1.136 — WRITTEN THREATS CONTAINING GREAT BODILY HARM OR DEATH

Violations of "Statute 1.136" results in a Class A Misdemeanor

(a) Definitions

"Written Threats Containing Great Bodily Harm or Death" shall mean any written communication, including but not limited to letters, emails, text messages, or social media posts, that conveys a threat of serious physical injury or death to another person. The written communication must be clear, unequivocal, and capable of placing the victim in reasonable fear for their safety or the safety of others.

(b) Elements

To establish the offense of written threats containing great bodily harm or death, the prosecution must prove beyond a reasonable doubt the following elements:

That the defendant knowingly and intentionally wrote or sent a communication that conveyed a threat of great bodily harm or death to another person;
That the written threat was directed to the victim or communicated in such a manner that it was reasonably likely to be seen or received by the victim;
That the victim reasonably feared for their safety or the safety of others as a result of the written threat.

(c) Defenses

A defendant may raise the following defenses against a charge of written threats containing great bodily harm or death:

Lack of Intent: The defendant did not intend to cause fear or harm to the victim through the written communication.
Non-credible Threat: The written communication was not a credible threat, such as a statement made in jest, exaggeration, or a rhetorical expression without intent to cause harm.
Constitutional Protections: The written communication is protected under the First Amendment, such as a statement made in the course of lawful protest or free speech, without the intent to incite violence or harm.
False Accusation or Misinterpretation: The written communication was misinterpreted or taken out of context by the victim or others.

(d) Aggravating Factors

The court shall impose enhanced penalties if the written threat involved aggravating circumstances, such as:

The threat being made in a manner that involved repeated or ongoing communication, escalating the fear or distress of the victim.
The written threat being sent with the use of electronic means (e.g., social media, email) or other methods that facilitate anonymous or harassing behavior.
The victim being a vulnerable person or group, such as a child, elderly individual, or person with a disability.
The defendant having a history of making threats or engaging in conduct that places others in fear of bodily harm or death.
The written threat containing specific details, such as the method or means of carrying out the threat, heightening the victim’s fear of imminent harm.

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(a) Definitions

(b) Elements

To establish the offense of written threats containing great bodily harm or death, the prosecution must prove beyond a reasonable doubt the following elements:

That the defendant knowingly and intentionally wrote or sent a communication that conveyed a threat of great bodily harm or death to another person;

That the written threat was directed to the victim or communicated in such a manner that it was reasonably likely to be seen or received by the victim;

That the victim reasonably feared for their safety or the safety of others as a result of the written threat.

A defendant may raise the following defenses against a charge of written threats containing great bodily harm or death:

Lack of Intent: The defendant did not intend to cause fear or harm to the victim through the written communication.

Non-credible Threat: The written communication was not a credible threat, such as a statement made in jest, exaggeration, or a rhetorical expression without intent to cause harm.

Constitutional Protections: The written communication is protected under the First Amendment, such as a statement made in the course of lawful protest or free speech, without the intent to incite violence or harm.

False Accusation or Misinterpretation: The written communication was misinterpreted or taken out of context by the victim or others.

(d) Aggravating Factors

The court shall impose enhanced penalties if the written threat involved aggravating circumstances, such as:

The threat being made in a manner that involved repeated or ongoing communication, escalating the fear or distress of the victim.

The written threat being sent with the use of electronic means (e.g., social media, email) or other methods that facilitate anonymous or harassing behavior.

The victim being a vulnerable person or group, such as a child, elderly individual, or person with a disability.

The defendant having a history of making threats or engaging in conduct that places others in fear of bodily harm or death.

The written threat containing specific details, such as the method or means of carrying out the threat, heightening the victim’s fear of imminent harm.