Terroristic threats are a serious criminal offense in Pennsylvania, and are defined under 18 Pa. C.S. § 2706 as communicating a threat to commit any crime of violence with the intent to terrorize another person or to cause evacuation of a building or public space. It is important to note that the Commonwealth must prove both the communication of a threat and the specific intent to terrorize in order to secure a conviction.
Words said in anger, frustration, or jest may not necessarily support a conviction for terroristic threats. The Commonwealth must prove that the defendant intended to terrorize another person and that the communication of the threat was made with that specific
intent. This means that if the defendant did not intend to terrorize another person and the communication was not made with the intent to terrorize, they may not be convicted of terroristic threats.
One example of this was seen in the case of Commonwealth v. Johnson, in which the defendant was charged with terroristic threats after sending a text message to his ex-girlfriend stating that he would “shoot up” her workplace. The defendant argued that the message was not intended to be taken seriously, and that it was sent in anger and frustration.
The court in Johnson ultimately found that the Commonwealth had not met its burden of proving that the defendant intended to terrorize his ex-girlfriend. The court noted that the message was sent in the context of a heated argument, and that the defendant did
not have a history of violent behavior. As a result, the defendant was acquitted of the charge of terroristic threats.
It is important to note, however, that each case is unique and the specific circumstances of the communication and intent of the defendant must be examined. The Commonwealth may present evidence such as the defendant’s prior history of violence, the specificity
and seriousness of the threat, and the reaction of the victim to support their argument that the defendant intended to terrorize.
In conclusion, terroristic threats are a serious criminal offense in Pennsylvania that require both the communication of a threat and the intent to terrorize. Words said in anger or frustration may not necessarily support a conviction, and the Commonwealth must prove that the specific intent to terrorize was present. If you are facing charges for terroristic threats, it is essential to seek the advice of an experienced criminal defense attorney who can help you understand your legal rights and options. A knowledgeable attorney can help you build a strong defense and work to protect your rights and interests throughout the proceedings.
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