A teenager was expelled from his high school in Rockdale County after being accused of threatening to shoot another student and to shoot up the school. According to reports, deputies busted down the family's front door and arrested the boy.
They arrested him after another student reported to school officials that she had overheard him threatening to shoot up the school.
As a Georgia Criminal Defense Attorney, I will focus today's post on outlining the laws behind both terroristic threats and terroristic acts in Georgia so that you can have a clearer understanding of the differences between the two criminal offenses.
Terroristic Threats in Georgia
Terroristic Threats in Georgia is defined by Georgia Law in O.C.G.A. §16-11-37(b) as:
A person commits the offense of a terroristic threat when he or she threatens to: commit any crime of violence; release any hazardous substance; or burn or damage property. The terroristic threat shall be made: with the purpose of terrorizing another; with the purpose of causing the evacuation of a building, place of assembly, or facility of public transportation; with the purpose of otherwise causing serious public inconvenience; or in reckless disregard of the risk of causing the terror, evacuation, or inconvenience.
Typically the charge of terroristic threats is classified as a misdemeanor. The penalty if convicted of misdemeanor terroristic threats can include up to one year in jail or up to $1,000 in fines, or both. However, if the threat suggested the death of the threatened individual, the person convicted will be guilty of a felony offense and will be punished by a fine not to exceed $1,000, a prison term between one and five years, or both.
Terroristic Acts in Georgia
Terroristic Acts in Georgia is defined by Georgia Law in O.C.G.A. §16-11-37(c) as:
A person commits the offense of a terrorist act when: 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; while not in the commission of a lawful act, 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:
For the purpose of terrorizing another;
For the purpose of causing the evacuation of a building, place of assembly, or facility of public transportation;For the purpose of otherwise causing serious public inconvenience; or
In reckless disregard of the risk of causing the terror, evacuation, or inconvenience.
Terroristic acts is classified as a felony. A person convicted of terroristic acts will be punished by a fine no more than $5,000, a prison term between one and ten years, or both. However, if any person suffers a severe physical injury as a direct result of the act, the defendant will be punished by a fine not to exceed $250,000, a prison term between five and forty years, or both.
There are situations in which the penalty for either terroristic threats or terroristic acts will be exacerbated. Georgia Felony Penalties should never be taken lightly. If you or a loved one has been arrested for committing a crime in Georgia, contact a Georgia Criminal Defense Lawyer today. We can help you with your case now.