Kentucky Terroristic Threating Crimes
In Kentucky, terroristic threating can involve threats to both people and to property. There are three degrees of terroristic threatening in Kentucky, with a wide range of penalties between them. There are two main factors considered when determining the degree of threatening – (1) what is the threat and (2) to whom or what is the threat directed.
The difference between the three degrees of terroristic threating is best understood by looking at how and where the threat is to be carried out.
Generally, an individual threatening another individual will be charged as a Terroristic Threatening in the Third Degree. If an individual threatens someone and that threat is to be carried out at a public event, this will be charged as Terroristic Threatening in the Second Degree. If an individual threatens to use a weapon of mass destruction at a school or government building, this will be charged as Terroristic Threatening in the First Degree.
It is important to remember that false statements are also punishable under Kentucky’s terroristic threatening statute. For instance, a person who makes a false statement that they placed a weapon of mass destruction at any place in Kentucky is guilty of a felony.
In Kentucky, terroristic threatening is always illegal. Depending on the degree, it can be a felony or misdemeanor.
- Terroristic Threatening in the First Degree is a Class C felony.
- Terroristic Threatening in the Second Degree is a Class D felony.
- Terroristic Threatening in the Third Degree is a Class A misdemeanor.
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What are the penalties for First Degree Terroristic Threatening in Kentucky?
Terroristic Threatening in the First Degree is a Class C felony in Kentucky and carries a sentence of 5 – 10 years in prison. It can also carry a fine of up to $10,000.00.
What are the penalties for Second Degree Terroristic Threatening in Kentucky?
Terroristic Threatening in the Second Degree is Class D felony in Kentucky and carries a sentence of 1 – 5 years in prison. It can also carry a fine of up to $10,000.00.
What are the penalties for Third Degree Terroristic Threatening in Kentucky?
Terroristic Threatening in the Third Degree is a Class A misdemeanor in Kentucky and carries a sentence of 0 days – 12 months in jail. It can also carry a fine of up to $500.00.
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When it comes to terroristic threatening, you need attorneys who will fight for and assert your constitutional rights. Often times, these charges are based solely on hearsay or unprovable claims. Our team of lawyers will dedicate the time necessary to meet with you and to go through every detail of your case, as we lay the building blocks to your best defense!
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Want to know more? We have included Kentucky terroristic threatening laws below.
(1) A person is guilty of terroristic threatening in the first degree when he or she:
(a) Intentionally makes false statements that he or she or another person has placed a weapon of mass destruction on:
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- The real property or any building of any public or private elementary or secondary school, vocational school, or institution of postsecondary education;
- A school bus or other vehicle owned, operated, or leased by a school;
- The real property or any building public or private that is the site of an official school-sanctioned function; or
- The real property or any building owned or leased by a government agency; or
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(b) Intentionally and without lawful authority, places a counterfeit weapon of mass destruction at any location or on any object specified in paragraph (a) of this subsection.
(2) A counterfeit weapon of mass destruction is placed with lawful authority if it is placed, with the written permission of the chief officer of the school or other institution, as a part of an official training exercise and is placed by a public servant, as defined in KRS 522.010.
(3) A person is not guilty of commission of an offense under this section if he or she, innocently and believing the information to be true, communicates a threat made by another person to school personnel, a peace officer, a law enforcement agency, a public agency involved in emergency response, or a public safety answering point and identifies the person from whom the threat was communicated, if known.
(4) Terroristic threatening in the first degree is a Class C felony.
If you or someone you care about has been charged with a terroristic threat charge in Kentucky, contact our reputable criminal defense lawyers or terroristic threat lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of terroristic threatening in the second degree when, other than as provided in KRS 508.075, he or she intentionally:
(a) With respect to any scheduled, publicly advertised event open to the public, any place of worship, or any school function, threatens to commit any act likely to result in death or serious physical injury to any person at a scheduled, publicly advertised event open to the public, any person at a place of worship, or any student group, teacher, volunteer worker, or employee of a public or private elementary or secondary school, vocational school, or institution of postsecondary education, or to any other person reasonably expected to lawfully be on school property or at a school-sanctioned activity, if the threat is related to their employment by a school, or work or attendance at school, or a school function. A threat directed at a person or persons at a scheduled, publicly advertised event open to the public, place of worship, or school does not need to identify a specific person or persons or school in order for a violation of this section to occur;
(b) Makes false statements by any means, including by electronic communication, for the purpose of:
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- Causing evacuation of a school building, school property, or school sanctioned activity;
- Causing cancellation of school classes or school-sanctioned activity; or
- Creating fear of serious bodily harm among students, parents, or school personnel;
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(c) Makes false statements that he or she has placed a weapon of mass destruction at any location other than one specified in KRS 508.075; or
(d) Without lawful authority places a counterfeit weapon of mass destruction at any location other than one specified in KRS 508.075.
(2) A counterfeit weapon of mass destruction is placed with lawful authority if it is placed as part of an official training exercise by a public servant, as defined in KRS 522.010.
(3) A person is not guilty of commission of an offense under this section if he or she, innocently and believing the information to be true, communicates a threat made by another person to school personnel, a peace officer, a law enforcement agency, a public agency involved in emergency response, or a public safety answering point and identifies the person from whom the threat was communicated, if known.
(4) Except as provided in subsection (5) of this section, terroristic threatening in the second degree is a Class D felony.
(5) Terroristic threatening in the second degree is a Class C felony when, in addition to violating subsection (1) of this section, the person intentionally engages in substantial conduct required to prepare for or carry out the threatened act, including but not limited to gathering weapons, ammunition, body armor, vehicles, or materials required to manufacture a weapon of mass destruction.
If you or someone you care about has been charged with a terroristic threat charge in Kentucky, contact our reputable criminal defense lawyers or terroristic threat lawyers as soon as possible by calling 859-636-6803.
(1) Except as provided in KRS 508.075 or 508.078, a person is guilty of terroristic threatening in the third degree when:
(a) He threatens to commit any crime likely to result in death or serious physical injury to another person or likely to result in substantial property damage to another person; or
(b) He intentionally makes false statements for the purpose of causing evacuation of a building, place of assembly, or facility of public transportation.
(2) Terroristic threatening in the third degree is a Class A misdemeanor.
If you or someone you care about has been charged with a terroristic threat charge in Kentucky, contact our reputable criminal defense lawyers or terroristic threat lawyers as soon as possible by calling 859-636-6803.
Federal Terroristic Threatening Crimes
The federal government has its own laws regarding terrorism and terroristic threats. Whether you are tried by the state of Kentucky or by the federal government depends on a number of factors, such as where your arrest happened, who arrested you, what evidence was found and what alleged crime was committed.
Most terroristic threatening offenses are handled by the Commonwealth, but if you are alleged to have threatened to commit a national act of terrorism or to harm someone on federal land, you could be charged with a violation of federal law and tried in federal court.
There are two Federal Districts in Kentucky, the United States District Court for the Eastern District of Kentucky and the United States District Court for the Western District of Kentucky. Each District has a number of courthouses spread out throughout their geographical region of the state.
Federal crimes are serious and often carry heavier penalties in comparison to its state level counterparts. If federal terrorism charges have been filed against you, you need to call a trusted criminal defense attorney as soon as you can. Working with a seasoned criminal defense attorney who will defend and protect your rights against the government’s charges is the first step to building your defense and protecting your freedom.
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