In Georgia, terroristic threats occur when a person threatens to commit any crime of violence in reckless disregard of the risk of causing terror or public inconvenience. This includes threatening to release certain hazardous substance, threatening to burn or damage property with the purpose of terrorizing another, or causing the evacuation of a building, place of assembly, or facility of public transportation or otherwise causing serious public inconvenience. According to the statute, a person may be convicted of terroristic threats 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 or of causing the evacuation of a building, place of assembly, or facility of public transportation or otherwise causing serious public inconvenience or in reckless disregard of the risk of causing such terror or inconvenience.
Terroristic threats and terroristic acts are both felony offenses.
A person convicted of the offense of a terroristic threat may be punished by a fine of no more than $1,000.00 or by imprisonment for no less than one but not more than five years, or both.
A person convicted of the offense of a terroristic act may be punished by fine up to $5,000.00 or by imprisonment for no less than one but not more than ten years, or both.
In the event that a person suffers a serious physical injury as a direct result of an act giving rise to a conviction of either offense, the person convicted shall be punished by a fine up to $250,000.00 or imprisonment for no less than five nor more than 40 years, or both.
Any person who commits or attempts to commit a terroristic threat or act with the intent to retaliate against any person for:
- Attending a judicial or administrative proceeding as a witness, attorney, judge, clerk of court, deputy clerk of court, court reporter, probation officer, or party or producing any record, document, or other object in a judicial or official proceeding; or
- Providing to a law enforcement officer, adult or juvenile probation officer, 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 shall be guilty of the offense of a terroristic threat or act and, upon conviction, shall be punished by imprisonment for no less than five but not more than ten years or by a fine of not less than $50,000.00, or both for a terroristic threat. For a terroristic act, the convicted may be imprisoned for no less than five but not more than 20 years or by a fine of $100,000.00 or more, or both.
Georgia’s laws are tough on acts of terrorism. Any person found guilty of a crime involving terrorism will face, at minimum, a felony conviction. Additionally, there is a strong possibility of federal law getting involved. This creates legal complexities for a defendant that could potentially cost thousands of dollars in legal fees.
Don’t leave the fate of having a criminal record or your freedom up to chance. It is the prosecutor’s job to win convictions; in court, their win is your loss. You need a competent lawyer that will fearlessly and aggressively fight for your best interests. You need to hire ROY YUNKER LAW.