1.137 — CRIMINAL THREATS CONTAINING GREAT BODILY HARM OR DEATH

Violations of "Statute 1.137" results in a Class F Felony

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(a) Definitions

"Criminal Threats Containing Great Bodily Harm or Death" shall mean any threat, whether verbal, written, or physical, that conveys an explicit intention to cause great bodily harm or death to another person, and which places the recipient in reasonable fear for their life or safety.

(b) Elements

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

• That the defendant made a threat to another person or their property, either verbally, in writing, or through other means;

• That the threat specifically involved great bodily harm or death to the victim;

• That the threat placed the victim in reasonable fear for their life or the life of others;

• That the defendant intended to place the victim in fear of such harm or death.

(c) Defenses

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

• Lack of Intent: The defendant did not intend to cause fear or harm to the victim, and the threat was made without the intent to intimidate or coerce the victim.

• Ambiguity: The threat was vague, ambiguous, or made in jest, and the victim's fear was unreasonable under the circumstances.

• Constitutional Protections: The statement was protected under the First Amendment, such as speech made during a lawful protest or expression without intent to incite violence.

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

• False Accusation or Misinterpretation: The threat was misinterpreted, or the defendant was falsely accused by the victim or others.

(d) Aggravating Factors

The court shall impose enhanced penalties if the act of making a criminal threat containing great bodily harm or death involved aggravating circumstances, such as:

• The threat being made against a particularly vulnerable person or group, such as minors, elderly individuals, or people with disabilities.

• The threat being made in connection with another violent crime, such as assault, kidnapping, or stalking.

• The defendant’s history of making similar threats or engaging in other violent or threatening behavior.

• The threat involving a detailed plan or description of how the harm or death would be carried out, heightening the victim’s fear.

• The defendant making the threat in a public or highly visible manner, causing widespread fear or distress.