Making a Terrorist Threat

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Making a terrorist threat, sometimes known as making a criminal threat or by similar language, is a crime in every state. People make terrorist threats when they threaten to commit a crime that would reasonably result in death, terror, serious injury, or serious physical property damage.

Not all threats are criminal, and not all threats are considered terrorist threats. Though state and federal laws on terrorist threats differ widely, they typically include several common elements.

Threats. A person usually makes a terrorist threat verbally or in writing, but the threat does not have to be explicit nor expressed in a written or verbal format. A person can make a terrorist threat through innuendo or even body language. Some courts have ruled that a person can be convicted of making a terrorist threat if a reasonable person could conclude that the person's actions under the circumstances conveyed a threat to commit violence. However, some state laws specifically require that a person make a verbal statement; body language or non-verbal communications are not enough in those states.

Specificity. While a person can make a terrorist threat through innuendo or non-verbal communication, the threat itself must specifically threaten death, serious injury, or serious property damage. It doesn't matter that the person making the threat fails to specify a method. Also, a threat doesn't have to specify the time when the attack might take place. Any threat involving a present or future attack is sufficient.

Reasonability. The threat a person makes must be reasonable in order to qualify as a terrorist threat. For example, you cannot commit a terrorist threat if you threaten to destroy the state capital by ordering your alien army to do it for you. A reasonable person must be able to conclude that the threat is credible. If you never intended to commit the crime, that's no defense--it's sufficient for a conviction that someone else might reasonably believe that you did.

Terror. Though many states criminalize making a “terrorist” threat, it isn't always necessary for the person's threat to cause someone else to experience fear or terror. The actions of the accused are what determine whether a crime has been committed, and it is not always dependent on the emotions of others. In some states, however, making someone afraid or terrified as a result of your threat is enough to make it a terrorist threat.

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Making a Terrorist Threat