Understanding Terroristic Threats Charges in Georgia

In Georgia, words alone can lead to an arrest when they involve the potential for violence or cause the evacuation or shutdown of a building. Prosecutors do not need to prove a person could have carried out a threat to secure a conviction for a terroristic threat in Georgia. It is enough to show the speaker made the threat with the intent to cause fear, the evacuation of a building, or a public inconvenience.

Key Takeaways:

• Criminal charges for terroristic threats are based on a person’s words and intent rather than whether an individual could or would carry out the threat.
• A terroristic threat in Georgia can be charged as a felony or a misdemeanor.
• A conviction for terrorist threats requires corroborating evidence.
• Free speech and context are important elements of a successful defense.

What Are Terroristic Threats Under Georgia Law?

Under Georgia law (OCGA 16-11-37), “a person commits the offense of a terroristic threat when they threaten to (A) commit any crime of violence; (B) Release any hazardous substance; or (C) Burn or damage property” with the purpose of terrorizing another, causing the evacuation of a building, place of assembly, or facility of public transportation, causing a serious public inconvenience, or in reckless disregard of any of the above.

A terroristic threat in Georgia can be made in person, over the phone, by text, via email, or over social media. A person does not need to intend to carry out the threat or be able to carry it out to be convicted.

Felony vs. Misdemeanor Terroristic Threats

The crime of terroristic threats can be charged as a misdemeanor or a felony. The difference is as follows:

Felony Terroristic Threats

Terroristic threats are charged as a felony when the individual making the threat suggests the death of the threatened individual. The crime of felony terroristic threats is punishable by 1 to 5 years in prison and a $1,000 fine.

If the threat is made in retaliation against or to influence a witness, victim, attorney, judge, or another participant in a judicial proceeding, the crime is punishable by 5 to 20 years in prison and a $50,000 fine.

Misdemeanor Terroristic Threats

A terroristic threat in Georgia can be charged as a misdemeanor. However, the charge can escalate to a felony in the circumstances identified above, or if a terrorist act is carried out that results in serious injuries.

Free Speech Considerations

Criminal charges for terroristic threats may have a First Amendment dimension. The First Amendment prohibits restrictions on speech based on content, message, or ideas. It protects speech that is offensive, exaggerated, or made in frustration as long as it does not constitute a “true threat.” Under Georgia Law, “true threats” are statements in which the speaker communicates a serious intent to commit unlawful violence, even without the intent to follow through. Courts must analyze whether a threat was serious and credible, or whether it was sarcasm, hyperbole, or protected speech.

Situations That Can Lead to Charges of Terroristic Threats

Criminal charges for terroristic threats may arise from a misunderstanding or an emotionally charged situation. Situations in which someone may be charged with a terroristic threat in Georgia include:

• A domestic matter where one person claims the other threatened harm
• Misinterpreting a social media post as a threat of violence
• Statements directed to a school, workplace, or government office
• Messages or emergency reports that suggest bombs, chemicals, or other dangerous substances
• Group chats or online comments where tone and intent are unclear
• Statements made during a road rage incident
• Comments made under the influence of alcohol or drugs

These situations can escalate quickly, especially if a listener overhears and reports a statement and causes a building to be locked down or evacuated, even when the speaker had no intent to cause harm.

Collateral Consequences of a Conviction

Felony charges for terroristic threats are serious, and a conviction can have severe, long-term consequences. A felony conviction can affect a person’s employment opportunities, particularly in fields that require a professional license, a security clearance, or a background check. Employers may be less likely to hire someone with a felony conviction. A felony conviction can result in loss of firearm rights and voting rights. A felony record can also impact a person’s housing choices.

Additionally, the sentence for a felony conviction may include reporting requirements, counseling, community service, or travel limitations. Violating the terms of probation can lead to additional penalties or jail time. Non-citizens convicted of a felony may face immigration consequences that may include deportation.

Common Defenses to Charges of Terroristic Threats in Georgia

Common defenses to criminal charges for terroristic threats include:

• Lack of intent: The prosecution must prove, beyond a reasonable doubt, that the threat was intended to cause fear or disruption. Showing that statements were made in jest or were an exaggeration may be a defense.
• False allegations: Some individuals may face criminal charges for a terroristic threat in Georgia due to a misunderstanding or a personal dispute such as a child custody matter, a breakup, or a workplace conflict.
• Lack of corroboration: Georgia law requires corroborated testimony from the party to whom the threat was communicated.

Every case is unique, and an experienced criminal defense attorney can identify the most effective defense strategy in your case.

Contact an Experienced Georgia Criminal Defense Attorney Today

The criminal defense attorney team at The McCoy Law Firm, LLC, has decades of experience representing defendants in criminal matters throughout Georgia. From our offices in Cartersville, we serve clients throughout Bartow County, Cobb County, Cherokee County, Gordon County, Floyd County, and Paulding County. Contact us today online or call 770-382-0984 to schedule an appointment to discuss your situation and how we can assist you.