What Are Terroristic Threats?

Federal laws prohibit terrorism and terroristic threats. However, most people facing terrorist threat charges are not prosecuted for terrorism itself. Instead, they face charges for making threats of violence that terrorize others or disrupt public safety.

Terroristic threats can result from scenarios that people might not know is criminal behavior, such as shouting “I’m going to kill you” during a heated argument or calling a prank bomb threat in a theater. Although these instances may sound different from what you would hear as acts of terrorism on national headlines, terroristic threat laws impose penalties for threats that cause fear or serious public inconvenience.

Crimes of terrorism or terroristic threats carry severe penalties. If you or a family member is facing criminal charges related to threats of violence, it’s a good idea to speak with a criminal defense lawyer. They can help protect your rights and build a defense based on relevant state and federal laws.

Understanding Terroristic Threats vs. Acts of Terrorism

The key distinction between terroristic threats and acts of terrorism lies in whether violence actually occurs. Most acts of terrorism would be considered a crime of violence regardless of intent. Examples of such acts are shootings, bombings, and other acts of violence toward a civilian population.

With terroristic threats, both the communication and the intent matter. You do not have to actually possess a weapon or other means of carrying out the threat. The mere act of making a threat with the intent to cause fear or a reckless disregard for others’ safety can be enough to warrant criminal charges.

An example of a terroristic threat could be threatening to detonate a bomb at a school if a teacher does not comply with your request. This crime applies even if someone does not have access to explosives. Saying “I’m going to kill you” during an argument can constitute a terroristic threat if a reasonable person would interpret it as a serious expression of intent to harm.

Under the U.S Code, it is a crime to transmit any communication in interstate or foreign commerce if it contains a threat to kidnap or injure another person. This means that threats sent via phone, email, text message, or social media can lead to a federal charge punishable by up to five years in prison, a fine, or both.

Real-World Examples of When Threats Become Crimes

Referring to something as a terroristic threat can be misleading. For some, it evokes images of criminal activities limited to those reported on national TV. In reality, these charges could apply to everyday conflicts, online messages, or heated arguments. Most state laws also make it a crime to threaten a person with violence with the intent to cause fear or disrupt public activity. Let’s take a look at some examples.

Threats During Arguments

A common scenario of a terroristic threat is during a heated argument, when a person says, “I’m going to kill you.” Even in cases where the person who made the statement did not intend to cause harm, it could still lead to misdemeanor or felony charges if a reasonable person would interpret the threat as genuine.

Courts examine the circumstances surrounding the case. There are state laws that address terroristic threats, such as:

• In Texas, the state penal code considers making a serious threat of violence as a terroristic threat. This occurs when the person’s words or actions are intended to cause fear of serious bodily injury, disrupt the use of a building or a place of assembly, or trigger an emergency response.
• In Georgia, it is also illegal to make threats to commit violent crimes. The intent to frighten another person or provoke panic in the public is against the law. Examples include forcing the evacuation of a building or interrupting a place of assembly.

State laws can be more or less severe than federal law.

Social Media and Text Message Threats

With the widespread use of social media, many terrorist threats and criminal threat cases arise from online or electronic communications. Actions some people might view as a joke, or at least not criminal in nature, can lead to federal charges, including:

• Posting violent or threatening messages
• Sending threatening texts or emailing someone a threat

Under federal law, anyone who sends any form of communication that threatens to kidnap or injure another person could face federal charges.

Bomb Threats as Pranks

Perhaps the most serious category involves bomb threats, even when made as pranks. Making false bomb threats is a federal offense punishable by up to 10 years in prison and $250,000 in fines. The court could also order those convicted of this crime to pay restitution to cover the cost of law enforcement response, evacuation of the building, and other emergency services.

The FBI and other law enforcement agencies consistently warn against hoax threats. This act can have devastating consequences, and anyone who does it risks having a criminal record with life-altering consequences.

“Swatting” and False Emergency Reports

Swatting, or making false reports that trigger an emergency response, is a serious criminal activity that continues to increase in frequency. Swatting is the act of making false emergency calls to law enforcement officers or emergency responders.

Fake calls are often about reporting a false ongoing crisis, such as an active shooter, hostage situation, or bomb threats. This act carries serious legal consequences and could result in a prison sentence and fines.

Additional Unlawful Conduct

In addition to terrorism and terroristic threats, certain other acts are punished as terrorism. These include:

• Financial transactions with countries supporting international terrorism
• The bombing of public places, facilities of public transportation, or government facilities
• The possession, acquisition, or use of missile systems designed to destroy aircraft
• The production, acquisition, possession, or use of radiological dispersal devices
• Use, threat, attempt, or conspiracy involving weapons of mass destruction
• Acts of nuclear terrorism
• Harboring terrorists or providing them with material support

Prosecutors must prove beyond a reasonable doubt that a defendant has committed a terrorist crime. Terrorism is a serious charge, and a threat of violence can carry severe criminal penalties.

An act of terrorism on a criminal record is damning and will follow a person for the rest of their life. Under federal law, a terroristic threat is often treated as a felony. States also often bring felony charges. For example, in both Pennsylvania and Ohio, terroristic threats are a felony of the third degree. Individuals facing this type of charge should seek assistance from a qualified criminal law attorney.

Penalties for Terroristic Threats

The penalties for terroristic threat convictions depend on whether you’re charged under federal or state law, the nature of the threat, and the circumstances surrounding your case. Beyond jail time and fines, a terroristic threat conviction creates a permanent criminal record that can affect:

• Employment opportunities
• Professional licensing
• Gun ownership rights
• Immigration status (for non-citizens)
• Housing applications
• Educational opportunities

Even if it was meant as a joke, the results of a terroristic threat can ruin a person’s life.

Federal Penalties

Under federal law, the penalties for making threats vary based on the type of threat:

• Interstate threats: Under U.S. Code, transmitting to kidnap or injure another person across state lines carries up to five years in federal prison and fines
• False bomb threats: Making false bomb threats is punishable by up to 10 years in prison, fines of up to $250,000, and restitution to cover emergency response costs, building evacuations, and law enforcement expenses
• Threats to the president or federal officials: Threatening the president or other federal officials can result in up to five years in prison

Federal charges are prosecuted in federal courts.

State Penalties

State laws vary significantly, but most classify terroristic threats based on severity. Misdemeanor charges often apply to less serious threats or first-time offenses. These can result in up to one year in county jail, fines ranging from $1,000 to $5,000, and probation.

Felony charges apply when threats involve weapons, target vulnerable victims, cause significant public disruption, or involve repeat offenses. Felony convictions can result in:

• Two to 10 years in state prison (depending on the felony level)
• Substantial fines, often $10,000 or more
• Extended probation or parole
• Mandatory anger management or counseling programs

Under the dual sovereignty doctrine, both state and federal charges can be brought against the same terroristic threat.

Aggravating Factors

Certain circumstances, known as aggravating factors, can increase penalties in a criminal case. For terroristic threats, aggravating factors might include:

• Threats made against schools, government buildings, or houses of worship
• Threats targeting law enforcement, judges, or public officials
• Prior criminal history, especially involving violence or threats
• Use of weapons or explosives in connection with the threat
• Threats that cause mass evacuations or significant public panic

Other factors can also influence sentencing.

Penalties for Acts of Terrorism

It’s important to distinguish terroristic threats from actual acts of terrorism. Completed acts of terrorism, such as bombings, use of weapons of mass destruction, or attacks on civilian populations, carry far more severe penalties under federal law, including:

• Life imprisonment
• The death penalty (in cases involving the death or deaths of others)
• Mandatory consecutive sentences (meaning additional years added on top of other convictions)

These extreme penalties apply to actual violent acts, not to threats alone.

Given the serious and life-altering consequences of these charges, consulting with an experienced criminal defense attorney is essential to protecting your rights and building the strongest possible defense.

Facing Terrorism or Terroristic Threat Charges? Get Legal Help

Federal charges relating to terrorism or terroristic threats put you at risk of severe criminal penalties. They can also have a disastrous impact on your reputation. If you are facing charges of terrorism or terroristic threats, it is best to have a legal representative. Contact an experienced criminal defense attorney to discuss your specific situation and learn how they can help protect your future.