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A terroristic threat is a threat to commit a crime of violence or a threat to cause bodily injury to another person and terrorization as the result of the proscribed conduct.Sonja Larsen, 86 C.J.S. Threats § 24 (database last updated Dec. 2015) (footnotes omitted). Several U.S. states have enacted state law which impose criminal liability for "terroristic threatening" or "making a terroristic threat."45 A.L.R. 4th 949 (originally published in 1986, subsequently updated).
Courts have held that "a threat need not take any particular form or be expressed in any particular words, and may be made by innuendo or suggestion, and that the words uttered will not be considered in a vacuum but rather in light of all the circumstances."45 A.L.R. 4th 949, § 6. A number of courts have upheld convictions under a state criminal terroristic threat statute on the basis of a single or solitary threat,45 A.L.R. 4th 949, § 7. a conditional threat,45 A.L.R. 4th 949, § 8. or a threat that some third person will take action.45 A.L.R. 4th 949, § 9. In several states, courts have held that a "threatener's present inability to carry out his or her threats does not in itself remove the threats from the purview of terroristic threat or terroristic threatening statutes."45 A.L.R. 4th 949, § 12. However, "the courts recognized that one does not violate a terroristic threat or terroristic threatening statute by making idle talk or jests which do not have a reasonable tendency to create apprehension that the speaker will act according to the threat."45 A.L.R. 4th 949, § 10.
The threat need not be communicated in person, but may be made by any means; courts have in a number of cases held that a terroristic threat statute may be violated by a threat made by telephone,45 A.L.R. 949, § 22. by letter45 A.L.R. 949, § 23. by communication with a third party,45 A.L.R. 949, § 24. or by "a nonverbal, symbolic threat which in other respects satisfies the criminal elements specified in the terroristic threat statute" (such as the Cross-burning on the target's driveway).45 A.L.R. 949, § 25a.
The required mens rea element of the offense is generally "that the accused have made the threat with the intent or purpose of causing fear in the victim or in reckless disregard of the risk of causing such fear."45 A.L.R. 949, § 29. At least one court has specified that the "proof of a terroristic threat is measured by an objective standard."31A Am. Jur. 2d Extortion, Blackmail, etc. § 53 (citing State v. Dispoto, 189 N.J. 108, 913 A.2d 791 (2007)).
American Law Reports indicates that "the cases are in disagreement over the availability of voluntary intoxication as a defense in a terroristic threat or terroristic threatening prosecution, with intoxication being a defense where a Specific intent is an essential element of the offense, but not a defense where the offense is established without specific criminal intent."45 A.L.R. 4th 949, § 32.
Terroristic-threat statutes have generally been upheld by the courts against constitutional challenges raising claims that such laws violate the Free Speech Clause,45 A.L.R. 4th 949, § 3. are impermissibly vague,45 A.L.R. 4th 949, § 4. or overlap with a criminal assault statute.45 A.L.R. 4th 949, § 5.
Sec. 22.07. TERRORISTIC THREAT. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:
makes it a class C [[felony]], punishable by 3 years imprisonment, for someone to [[willfully]] threaten to commit a crime that will result in death or great bodily harm; the threat is made with the specific intent that it be taken as a threat; the threat is so unequivocal, unconditional, and specific as to convey a gravity of purpose and immediate prospect of execution; the threat actually causes fear in the victim; and the fear is reasonable.
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