Have You Been Charged with Disseminating Information Related to Terroristic Acts in Georgia?
If you or a loved ones has been charged with making terroristic threats or disseminating information related to terroristic threats, you need to contact our office. Being charged under O.C.G.A. § 16-11-37 or O.C.G.A. § 16-11-37.1 can be a confusing and overwhelming experience. The statutes make it a crime to engage in conduct that involves threats, intimidation, or certain harmful acts intended to terrorize or disrupt the public as well as spreading information about the terroristic acts. Importantly, under Georgia law, terroristic threats can be charged as either misdemeanors or felonies depending on the severity and nature of the threat. If you or a loved one is facing this charge in Georgia, it is crucial to understand the potential penalties, defenses, and case law surrounding this serious offense. Most importantly, you need an experienced legal team to navigate the complexities of the justice system. Our office has over 30 years of experience helping individuals in Georgia defend against charges like these, and we are here to help you, too. If you have been charged under Georgia law, you need to call our office immediately.
Georgia Law on Disseminating Information Related to Terroristic Threats or Acts
O.C.G.A. 16-11-37.1 outlines that
It shall be unlawful for any person knowingly to furnish or disseminate through a computer or computer network any picture, photograph, drawing, or similar visual representation or verbal description of any information designed to encourage, solicit, or otherwise promote terroristic acts.
What are Considered Terroristic Threats in Georgia?
Under O.C.G.A. § 16-11-37(b),
(1) A person commits the offense of a terroristic threat when he or she threatens to:
(A) Commit any crime of violence;
(B) Release any hazardous substance; or
(C) Burn or damage property.
(2) Such terroristic threat shall be made:
(A) With the purpose of terrorizing another;
(B) With the purpose of causing the evacuation of a building, place of assembly, or facility of public transportation;
(C) With the purpose of otherwise causing serious public inconvenience; or
(D) In reckless disregard of the risk of causing the terror, evacuation, or inconvenience.
What are Considered Terroristic Acts in Georgia?
(c) A person commits the offense of a terroristic act when:
(A) For the purpose of terrorizing another;
(B) For the purpose of causing the evacuation of a building, place of assembly, or facility of public transportation;
(C) For the purpose of otherwise causing serious public inconvenience; or
(D) In reckless disregard of the risk of causing the terror, evacuation, or inconvenience.
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- He or she uses a burning or flaming cross or other burning or flaming symbol or flambeau with the intent to terrorize another or another's household;
- He or she shoots at or throws an object at a conveyance which is being operated or which is occupied by passengers; or
- He or she releases any hazardous substance or any simulated hazardous substance under the guise of a hazardous substance:
Essentially the statute criminalizes making threats to commit violence or cause damage with the intent to intimidate, terrorize, or disrupt public order. This can include threats communicated through spoken words, written messages, or other means.
Penalties for Disseminating Information Related to Terroristic Acts in Georgia
Any person convicted of disseminating information in related to terroristic acts shall be guilty of a misdemeanor of a high and aggravated nature.
However, that if such act is associated with intimidating or preventing a person from attending judicial hearings or providing information to law enforcement under O.C.G.A. 16-11-37(1)(e), then the person convicted will be guilty of a felony and shall be punished by imprisonment for not less than 1 nor more than 10 years or by a fine not to exceed $100,000 or both.
A conviction can result in a permanent criminal record, loss of certain civil rights, and difficulties in securing employment or housing. Additionally, those convicted may face restitution requirements for damages caused.
Penalties for Violating O.C.G.A. § 16-11-37
O.C.G.A. § 16-11-37.1 defines the crime of terroristic threats and acts in Georgia. This law encompasses:
- Making terroristic threats: A person convicted of making terroristic threats will be punished by a misdemeanor. However, if the threat suggested the death of the individual, then it will be elevated to a felony conviction punishable by a fine of no more than $1,000, a prison term between 1 and 5 years, or both.
- Committing terroristic acts: A person convicted of terroristic acts will be guilty of a felony punished by a fine up to $5,000, a prison term between 1 and 10 years, or both. However, if any person suffers physical injury as a result of the act, then they will receive escalated punishments including a fine of no more than $250,000, a prison term between 5 and 40 years, or both.
- Threats or acts related to intimidating or preventing a person from attending judicial proceeding or providing law enforcement with information related to commission or possible commission of a crime: If a person is convicted of terroristic threats or acts with intent to retaliate against any person or intimidate or threaten a person from attending judicial proceedings or providing information, then it will be treated as a felony punishable by a fine up to $50,000, a prison term between 5 and 20 years, or both. O.C.G.A. 16-11-37(1)(e)
The prosecution must prove intent, meaning that the accused knowingly acted in a way that was intended to cause terror, fear, or disruption. Importantly, actual harm does not need to occur for someone to be convicted under this statute—a credible threat alone may suffice.
Defenses to O.C.G.A. § 16-11-37 and O.C.G.A. § 16-11-37.1
Several potential defenses may apply to charges under this statute. Common defenses include:
- Lack of intent: The prosecution must prove beyond a reasonable doubt that the accused intended to cause fear or disruption. If the alleged threat was a misunderstanding or made in jest, this could be a viable defense.
- False allegations: In some cases, individuals may be falsely accused of making terroristic threats due to personal disputes or misunderstandings.
- Freedom of speech: The First Amendment protects certain forms of expression, and vague or ambiguous statements may not meet the threshold for a criminal threat.
- Insufficient evidence: If the prosecution cannot present clear and convincing evidence, the charges may be dismissed or reduced.
It is essential to consult an experienced attorney to determine the best defense strategy for your unique situation. Our attorneys have the decades of experience needed the evaluate the specifics of your case and identify weaknesses in the prosecution's arguments.
Why You Need an Experienced Georgia Criminal Defense Attorney
Facing charges under O.C.G.A. § 16-11-37 is a serious matter that requires expert legal representation. The penalties for terroristic threats and acts can be life-altering, and navigating the legal system on your own is incredibly risky. Our team of Georgia criminal defense attorneys has over 30 years of experience defending clients against charges like these. We understand the law, the court system, and how to build a strong defense tailored to your case.
If you've been charged with a crime under O.C.G.A. § 16-11-37 or O.C.G.A. § 16-11-37.1, don't wait. Contact our office today to schedule a consultation and let us fight to protect your rights, freedom, and future
