20-2-1181.1. Terroristic threat or acts against a school; penalty.

As used in this Code section, the term:#

1. (1)

   “Hazardous substance” shall have the same meaning as set forth in Code Section 12-8-92.#

2. (2)

   “Weapon” shall have the same meaning as set forth in Code Section 16-5-44.1. Such term shall include, but shall not be limited to, each item included in paragraph (4) of subsection (a) of Code Section 16-11-127.1.#

A person commits the offense of a terroristic threat of a school when he or she threatens to commit any crime of violence, release any hazardous substance, or burn or damage property and such threat is made:#

1. (1)

   With the purpose of terrorizing another who at the time of such threat is physically present:#

   1. (A)

      On public or private school operated property, including, but not limited to, school buildings and school grounds;#

   2. (B)

      On a school bus or other vehicle furnished by a public or private school for the transportation of students; or#

   3. (C)

      At a public or private school sponsored activity;#

2. (2)

   With the purpose of causing the evacuation of:#

   1. (A)

      Public or private school operated property, including, but not limited to, school buildings and school grounds; or#

   2. (B)

      A school bus or other vehicle furnished by a public or private school for the transportation of students; or#

3. (3)

   In reckless disregard of the risk of causing the terror or evacuation described in paragraph (1) or (2) of this subsection;#

4. provided, however, that no person shall be convicted under this subsection based on the uncorroborated testimony of the party to whom the threat is communicated.

A person commits the offense of a terroristic act upon a school when he or she commits an act of using a weapon or flaming symbol or flambeau, releasing any hazardous substance or any simulated hazardous substance under the guise of a hazardous substance, or, while not in the commission of a lawful act, shooting at a conveyance which is being operated or which is occupied by passengers and such act is committed:#

1. (1)

   With the purpose of terrorizing another who at the time of such act is physically present:#

   1. (A)

      On public or private school operated property, including, but not limited to, school buildings and school grounds;#

   2. (B)

      On a school bus or other vehicle furnished by a public or private school for the transportation of students; or#

   3. (C)

      At a public or private school sponsored activity; or#

2. (2)

   With the purpose of causing the evacuation of:#

   1. (A)

      Public or private school operated property, including, but not limited to, school buildings and school grounds; or#

   2. (B)

      A school bus or other vehicle furnished by a public or private school for the transportation of students.#

1. (1)

   A person convicted of the offense of a terroristic threat of a school shall be punished as for a misdemeanor; provided, however, that, if the threat suggested the death of any person, the person shall be guilty of a felony and upon conviction thereof 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; and provided, further, that, if any person suffers a serious physical injury as a direct result of a threat giving rise to a conviction under subsection (b) of this Code section, the person shall be guilty of a felony and upon conviction thereof 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.#

2. (2)

   A person convicted of the offense of a terroristic act upon a school shall be guilty of a felony and upon conviction thereof 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 (c) of this Code section, the person shall be guilty of a felony and upon conviction thereof 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.#