16-11-37. Terroristic threats and acts; penalties.

As used in this Code section, the term ‘‘hazardous substance’’ shall have the same meaning as set forth in Code Section 12-8-92.#

1. (1)

   A person commits the offense of a terroristic threat when he or she threatens to:#

   1. (A)

      Commit any crime of violence;#

   2. (B)

      Release any hazardous substance; or#

   3. (C)

      Burn or damage property.#

2. (2)

   Such terroristic threat shall be made:#

   1. (A)

      With the purpose of terrorizing another;#

   2. (B)

      With the purpose of causing the evacuation of a building, place of assembly, or facility of public transportation;#

   3. (C)

      With the purpose of otherwise causing serious public inconvenience; or#

   4. (D)

      In reckless disregard of the risk of causing the terror, evacuation, or inconvenience described in subparagraph (A), (B), or (C) of this paragraph.#

3. (3)

   No person shall be convicted under this subsection on the uncorroborated testimony of the party to whom the threat is communicated.#

A person commits the offense of a terroristic act when:#

1. (1)

   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;#

2. (2)

   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#

3. (3)

   He or she releases any hazardous substance or any simulated hazardous substance under the guise of a hazardous substance:#

   1. (A)

      For the purpose of terrorizing another;#

   2. (B)

      For the purpose of causing the evacuation of a building, place of assembly, or facility of public transportation;#

   3. (C)

      For the purpose of otherwise causing serious public inconvenience; or#

   4. (D)

      In reckless disregard of the risk of causing the terror, evacuation, or inconvenience described in subparagraph (A), (B), or (C) of this paragraph.#

1. (1)

   A person convicted of the offense of a terroristic threat shall be punished as a misdemeanor; provided, however, that if the threat suggested the death of the threatened individual, the person convicted shall be guilty of a felony and shall be punished by a fine of not more than $1,000.00, imprisonment for not less than one nor more than five years, or both.#

2. (2)

   A person convicted of the offense of a terroristic act shall be punished by a fine of not more than $5,000.00, imprisonment for not less than one nor more than ten years, or both; provided, however, that if any person suffers a serious physical injury as a direct result of an act giving rise to a conviction under subsection (b) of this Code section, the person so convicted shall be punished by a fine of not more than $250,000.00, imprisonment for not less than five nor more than 40 years, or both.#

A person who commits or attempts to commit a violation of subsection (b) or (c) of this Code section shall, upon conviction thereof, be punished by a fine of not less than $50,000.00, imprisonment for not less than five nor more than 20 years, or both, when such act is done with the intent to retaliate against any person for or intimidate or threaten any person from:#

1. (1)

   Attending a judicial or administrative proceeding as a witness, attorney, judge, clerk of court, deputy clerk of court, court reporter, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or party or producing any record, document, or other object in a judicial or official proceeding; or#

2. (2)

   Providing to a law enforcement officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, prosecuting attorney, or judge any information relating to the commission or possible commission of an offense under the laws of this state or of the United States or a violation of conditions of bail, pretrial release, probation, or parole.#