what is terroristic threatening in the third degree?

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what is terroristic threatening in the third degree?

What is the penalty in the state of Kentucky?

Asked on May 5, 2009 under Criminal Law, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Kentucky’s terroristic threatening statute, KRS 508.080, covers two general kinds of threats – threats to a specific person or his property, and threats used to cause public evacuations of buildings and other structures. Unlike the offense of "menacing,"1 the victim (or victims) does not have to be placed in reasonable apprehension of immediate injury2 – in fact, the offense can be committed even if the victim has no knowledge of the threat3.

KRS 508.080(1)(a) covers the most commonly encountered form of terroristic threatening and requires (1) a threat to commit any crime, which is (2) likely to result in death, serious physical injury, or substantial property damage to another person. "Crime" means any misdemeanor or felony4. "Person" includes any human being, corporation, partnership or governmental authority5. "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ6."Physical injury" means substantial physical pain or any impairment of a physical condition7.

KRS 580.080(2) covers the "public threat," and makes it an offense for a person to intentionally make false statements for the purpose of causing evacuation of a building, place of assembly, or facility of public transportation. Phoning in a bomb threat to a school, or shouting "fire" in a crowded theatre immediately come to mind as examples.

Terroristic threatening is a Class A misdemeanor punishable by up to 12 months in jail and/or up to a $500 fine.

     

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