Pittsburgh and Western Pennsylvania Terroristic Threats Law Firm

Terroristic Threats is a speech-based crime that punishes intent and as such is often not a clear cut as many other criminal offenses. Often there is no physical evidence and charges can be brought based on a “victim’s” claims alone.

Elements of Terroristic Threats in Pennsylvania

The offense of terroristic threats, codified at 18 Pa.C.S. § 2706, requires that a person communicate a threat to:

1) commit any crime of violence with intent to terrorize another;

2) cause evacuation of a building, place of assembly or facility of public transportation; or

3) otherwise cause serious public inconvenience, or cause terror or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience.

The communication can be made in person, in writing, or electronically (including social media). The communication need not be made directly to the victim, but can be made indirectly as well. Either way, the communication must actually be received by the victim.

Most people charged with this offense are charged under the “commit any crime of violence with intent to terrorize another” category. Here, the intent element can be subjective making it difficult to determine when communication amounts to a criminal offense. The offender must intend that his or her communication “terrorizes” someone else or act with “reckless disregard for the risk of causing terror.” Commonwealth v. Tizer, 684 A.2d 597, 600 (Pa.Super 1996). “Neither the ability to carry out the threat, nor a belief by the person threatened that the threat will be carried out, is an element of the offense.” In re J.H., 797 A.2d 260, 262 (Pa.Super.2002). “Rather, the harm sought to be prevented by the statute is the psychological distress that follows from an invasion of another’s sense of personal security.” Tizer, 684 A.2d at 600.

Possible Defenses to Terroristic Threats

Because a defendant’s intent or recklessness must be inferred, the context of a communication is very important. Words that are threatening on their face, can be made jokingly or playfully and should therefore not be punished.

There is also the transitory anger defense to terroristic threats. Courts have held that a threat made during an unplanned, heated confrontation is often a spur-of-the-moment threat made during a period of transitory anger and, therefore, not made with the intention of terrorizing. See Commonwealth v. Anneski, 525 A.2d 373 (Pa.Super 1987) (neighbor who threatened to get gun during argument was made during “heated, hysterical” argument, with no intent to terrorize); 18 Pa.C.S. § 2706, Official Comment—1972 (section 2706 “is not intended to penalize mere spur-of-the-moment threats which result from anger.”).

Grading of Terroristic Threats

Terroristic Threats is almost always graded as a misdemeanor of the first degree. A first-degree misdemeanor conviction is punishable by a maximum of 5 years incarceration and/or $10,000 fine. The offense can be a felony of the third degree only if the “threat causes the occupants of the building, place of assembly or facility of public transportation to be diverted from their normal or customary operations.” A third-degree felony is punishable by a maximum of 7 years of incarceration and/or $15,000 fine.

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If you are facing serious charges and need quality legal representation, call DeLuco Law today at 412-444-8771 or  email us to receive a free evaluation of your case.  If you choose to hire DeLuco Law we will work as a team to develop a strategy to achieve the best possible result in your case.