Terroristic Threats R.O.L. Flashcards
Terroristic Threats R.O.L.
You DO NOT have to have present ability to carry it out
Terroristic Threats R.O.L.
Purpose is to impose criminal liability on a person who makes threats which seriously impair personal security or public inconvenience. It is not intended… to penalize mere spur-of-the-moment threats which result from anger.
Terroristic Threats R.O.L.
either the ability to carry out the threat nor a belief by the person threatened that it will be carried out is an essential element of the crime. Rather the harm sought to be presented by the statue is the psychological distress that follows from an invasion of another’s sense of personal security.
Spur of the moment refers to the animalistic reaction that we biologically have.
Terroristic Threats R.O.L.
In reviewing a statement alleged to be a terroristic threat, we do not look at the statement in a vacuum. Instead, we must look at it in the light of the surrounding circumstances.
Terroristic Threats R.O.L.
A heated argument or exchange or confrontation must occur for it to be a spur of the moment offense. EXCEPTION for terroristic threats when it comes to school shootings.