6.605 — TERRORISTIC THREATS

Violations of "Statute 6.605" results in a Class B Felony

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(a) Definitions

Terroristic threats are defined as communications, either verbal, written, or symbolic, intended to cause fear or intimidate individuals, organizations, or governments with the goal of compelling action or influencing the behavior of others. These threats typically involve the intention to cause harm, death, or significant property damage, and are meant to instill fear and disrupt public order or safety.

(b) Elements

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

1. The defendant communicated a threat to cause death, injury, or significant property damage to an individual, group, or government entity.

2. The communication was made with the intent to instill fear or cause a disruption to public peace or safety.

3. The defendant’s threat was unequivocal, meaning that the threat was clear and specific, with no reasonable doubt as to the intention behind it.

4. The defendant’s actions had the potential to cause widespread fear, panic, or harm to the person or entity threatened.

(c) Defenses

Defenses against a charge of terroristic threats may include:

1. The defendant did not make a specific or unequivocal threat, and the communication was misinterpreted as a threat.

2. The defendant was engaging in a form of speech protected under the First Amendment, such as political discourse, and did not intend to incite harm.

3. The defendant's actions were motivated by mental illness or a lack of understanding of the potential impact of their words or actions.

4. The defendant retracted or clarified the statement, and no harm or fear was caused by the communication.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

1. The threat caused widespread fear or panic, affecting a large number of people or a significant community.

2. The defendant made threats against individuals or groups in positions of authority, such as government officials, law enforcement officers, or public figures.

3. The defendant's threats were made using particularly dangerous or destructive means, such as sending bomb threats or threatening the use of weapons of mass destruction.

4. The defendant has a history of making similar threats or engaging in terror-related activities.