2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 11 - Offenses Against Public Order and Safety
Article 2 - Offenses Against Public Order
§ 16-11-37. Terroristic Threats and Acts

1. As used in this Code section, the term "hazardous substance" shall have the same meaning as set forth in Code Section 12-8-92.
2. 1. A person commits the offense of a terroristic threat when he or she threatens to:
      1. Commit any crime of violence;
      2. Release any hazardous substance; or
      3. Burn or damage property.
   2. Such terroristic threat shall be made:
      1. With the purpose of terrorizing another;
      2. With the purpose of causing the evacuation of a building, place of assembly, or facility of public transportation;
      3. With the purpose of otherwise causing serious public inconvenience; or
      4. In reckless disregard of the risk of causing the terror, evacuation, or inconvenience described in subparagraph (A), (B), or (C) of this paragraph.
   3. No person shall be convicted under this subsection on the uncorroborated testimony of the party to whom the threat is communicated.
3. A person commits the offense of a terroristic act 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:
      1. For the purpose of terrorizing another;
      2. For the purpose of causing the evacuation of a building, place of assembly, or facility of public transportation;
      3. For the purpose of otherwise causing serious public inconvenience; or
      4. In reckless disregard of the risk of causing the terror, evacuation, or inconvenience described in subparagraph (A), (B), or (C) of this paragraph.
4. 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. 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.
5. 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. 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. 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.

(Ga. L. 1884-85, p. 131, § 1; Ga. L. 1892, p. 108, § 1; Ga. L. 1893, p. 130, § 1; Penal Code 1895, §§ 511, 512, 730; Ga. L. 1905, p. 86, § 1; Penal Code 1910, §§ 512, 513, 782; Code 1933, §§ 26-1803, 26-7308, 26-7309; Code 1933, § 26-1307, enacted by Ga. L. 1968, p. 1249, § 1; Code 1933, § 26-1307.1, enacted by Ga. L. 1974, p. 1022, § 1; Ga. L. 1998, p. 270, § 6; Ga. L. 2002, p. 1094, § 4; Ga. L. 2010, p. 999, § 3/HB 1002; Ga. L. 2015, p. 422, § 5-26/HB 310; Ga. L. 2016, p. 811, § 2/HB 874.)

The 2016 amendment, effective May 3, 2016, rewrote this Code section.

- Constitutional guarantee of free speech and press, Ga. Const. 1983, Art. I, Sec. I, Para. V.

Criminal possession of an explosive device, § 16-7-64.

- Ga. L. 2002, p. 1094, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Transportation Security Act of 2002'."

Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015.

- For review of 1998 legislation relating to crimes and offenses, see 15 Ga. St. U.L. Rev. 80 (1998). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015). For comment, "State Constitutions as a Check on the New Governors: Using State Free Speech Clauses to Protect Social Media Users from Arbitrary Political Censorship by Social Media Platforms," see 69 Emory L.J. 111 (2019).

ANALYSIS

• General Consideration
• Constitutionality
• Corroboration
• Application

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required.

- Offenses arising under O.C.G.A. § 16-11-37(d)(1) are designated as offenses for which those charged are to be fingerprinted. 2017 Op. Att'y Gen. No. 17-1.

RESEARCH REFERENCES

Am. Jur. 2d.

- 31A Am. Jur. 2d, Extortion, Blackmail, and Threats, §§ 46 et seq., 53, 61 et seq. 31A Am. Jur. 2d, Explosions and Explosives, § 192.

Hate Crimes and Liability for Bias-Motivated Acts, 57 POF3d 1.

- 86 C.J.S., Threats and Unlawful Communications, § 1 et seq.

- Vacancy or nonoccupancy of building as affecting its character as "dwelling" as regards arson, 44 A.L.R.2d 1456.

Validity and construction of terroristic threat statutes, 45 A.L.R.4th 949.

Validity, construction, and effect of "hate crimes" statutes, "ethnic intimidation" statutes, or the like, 22 A.L.R.5th 261.

Imposition of state or local penalties for threatening to use explosive devices at schools or other buildings, 79 A.L.R.5th 1.

Construction and application of § 2A6.1 of United States Sentencing Guidelines (USSG § 2A6.1), pertaining to sentence to be imposed for making threatening communications, 148 A.L.R. Fed. 501.

Validity, construction, and application of 18 USCA § 844(e), prohibiting use of mail, telephone, telegraph, or other instrument of commerce to convey bomb threat, 160 A.L.R. Fed. 625.