Alabama Terroristic Threat Laws

Code of Alabama Title 13A Criminal Code, Chapter 10, Article 10 - Making a Terrorist Threat

• Ala. Code § 13A-10-240 - Definitions

• Ala. Code § 13A-10-241 - Making a Terrorist Threat in the First Degree

• Ala. Code § 13-10-242 - Making a Terrorist Threat in the Second Degree

With regard to terrorist threats, the following terms have the following definitions:

“Property” refers to personal or real property, including churches, mosques, synagogues, and schools. (§ 13A-10-240(1)(a)-(b))

A person “threatens” another person if all of the following things occur:

• The person intentionally and knowingly makes a statement to harm a person. The person may make the statement verbally, in writing, through electronic communication, or any other means. (§ 13A-10-240(2)(a))

• The person communicates that statement to another person. (§ 13A-10-240(2)(b))

• The threatened harm is credible and imminent, given the circumstances. (§ 13A-10-240(2)(c))

• The statement on its face and given the circumstances is so unequivocal, immediate, and specific as to convey to the person threatened a gravity of purpose and an immediate prospect of execution of the threat. (§ 13A-10-240(2)(d))

• The statement causes the person to reasonably fear for their own safety or for the object of the threat. (§ 13A-10-240(2)(e))

A “weapon of mass destruction” is any of the following:

• A destructive device of the type defined in 18 U.S.C. § 921. (§ 13A-10-240(3)(a))

• A weapon designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals. (§ 13A-10-240(3)(b))

• A weapon involving a biological agent, toxin, or vector as defined in 18 U.S.C. § 178. (§ 13A-10-240(3)(c))

• A weapon designed to release radiation or radioactivity at a level dangerous to human life. (§ 13A-10-240(3)(d))

A person who does the following commits the crime of making a terrorist threat in the first degree (§ 13A-10-241):

They credibly threaten to commit a crime of violence against a person or to damage any property using a bomb, explosive, weapon of mass destruction, firearm, deadly weapon, or other mechanism and any of the following occurs:

• The threat causes the evacuation of any real property. (§ 13A-10-241(a)(1))

• The threat disrupts a school, church, or government activity. (§ 13A-10-241(a)(2))

• The person makes the threat with the intent to retaliate against a victim because of their involvement or participation as a witness in a judicial or administrative proceeding. (§ 13A-10-241(a)(3)(a))

• The person makes the threat with the intent to retaliate against a victim because of their involvement or participation as a person who produced records, documents, or other objects in a judicial or administrative proceeding. (§ 13A-10-241(a)(3)(b))

• The person makes the threat with the intent to retaliate against a victim because they provided information to law enforcement relating to the commission or possible commission of a criminal offense or a violation of bail, pretrial release, probation, or parole. (§ 13A-10-241(a)(3)(c))

• The person threatens an elected public official or a member of the official’s staff. (§ 13A-10-241(a)(4)

Making a terrorist threat in the first degree is a Class C felony. (§ 13A-10-241(b))

A person commits the crime of making a terrorist threat in the second degree if they credibly threaten to commit a crime of violence against a person or to damage any property using a bomb, explosive, weapon of mass destruction, firearm, deadly weapon, or other mechanism. (§ 13A-10-242(a))

Making a terrorist threat in the second degree is a Class A misdemeanor. (§ 13A-10-242(b))

If convicted of making a terrorist threat in the first degree (a Class C felony), the following criminal penalties apply:

• Mandatory minimum sentence of imprisonment of one year and one day. (§ 13A-5-6(a)(3))

• If they used a firearm or deadly weapon: a mandatory minimum sentence of 10 years. (§ 13A-5-6(a)(6))

• Maximum sentence: 10 years (§ 13A-5-6(a)(3))

• Maximum fine: $15,000 (§ 13A-5-11(a)(3))

If convicted of making a terrorist threat in the second degree (a Class A misdemeanor), the following criminal penalties apply:

• Maximum sentence of up to one year of incarceration. (13A-5-7(a)(1))

• Maximum fine: $6,000 (13A-5-12(a)(1))

If the convicted person has prior felony convictions, they may face more severe penalties.