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Georgia Terroristic Threats and Acts Lawyer
What are Terroristic Threats and Acts under Georgia Law?
Terroristic threats and acts are different than other crimes of violence or property crimes. They require both an act and a purpose for that act. Under the Terroristic Threats and Acts Law, O.C.G.A. 16-11-37, terroristic threats and acts must 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 described in subparagraph (A), (B), or (C) of this paragraph.
Terroristic threats and acts under Georgia law are directed towards an individual. Georgia also has a more significant and traditional definition of a terroristic act under their Domestic Terrorism statute, O.C.G.A. 16-11-220.
Misdemeanor and Felony Terroristic Threats under Georgia Law
A person commits the offense of a terroristic threat under Georgia law when he or she threatens to:
(A) Commit any crime of violence;
(B) Release any hazardous substance; or
(C) Burn or damage property.
Terroristic Threats are generally misdemeanor offenses under Georgia law. There are two situations where a terroristic threat can be upgraded to a felony charge. Those situations are when the threat suggests the death of another and when the threat is made in retaliation against 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, or law enforcement officer. In these two cases, the terroristic threat would be charged as a felony offense punishable by 1 to 40 years in custody depending on the facts and circumstances surrounding the threat.
Terroristic Acts under Georgia Law
A person commits the offense of a terroristic act under Georgia law when:
(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) 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) He or she releases any hazardous substance or any simulated hazardous substance under the guise of a hazardous substance:
(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 described in subparagraph (A), (B), or (C) of this paragraph.
Terroristic acts are felony offenses under Georgia law with punishment ranging from 1 to 40 years in custody depending on the nature of the act, whom it is directed towards, and the facts and circumstances surrounding the incident.
Terroristic threats are unique under Georgia law because you cannot be convicted of a terroristic threat by the uncorroborated testimony of the party who is the alleged victim of the threat. Terroristic acts do not have the same defense. If you have questions about Georgia’s law on terroristic threats or if you have been charged with terroristic threats, especially in the metro Atlanta, Cobb, DeKalb, Gwinnett, Fulton, Clayton, Douglas, or Cherokee counties, please call today for a free consultation at 678-753-6431.