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Assault Related: Threat of Terrorism


Threat of Terrorism: Attorneys

Threat of Terrorism Attorneys

Legal Definition:

A threat of terrorism is when a person threatens to commit any offense with the intent to cause death or serious bodily injury; substantial damage to property or to the environment; or to compel a person, an organization or a State to do or refrain from doing an act.

Threat of Terrorism

Utah Code §76-5-107.3

Degree

Depending on the facts, a threat of terrorism can be charge as either a 2nd or 3rd degree felony.

Elements

A defendant commits a 3rd degree felony threat of terrorism when they threaten to commit any offense involving bodily injury, death, or substantial property damage, and:

  • threatens the use of a weapon of mass destruction;
  • or threatens the use of a hoax weapon;
  • or acts with the intent to intent to intimidate or coerce a civilian population or to influence or affect the conduct of a government or a unit of government.

A defendant commits a 2nd degree felony threat of terrorism when they threaten to commit any offense involving bodily injury, death, or substantial property damage, and acts with the intent to:

  • prevent or interrupt the occupation of a building or a portion of the building, a place to which the public has access, or a facility or vehicle of public transportation operated by a common carrier;
  • or cause action of any nature by an official or volunteer agency organized to deal with emergencies.
Fine

3rd degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)
2nd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(b), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

DNA Specimen Analysis

A defendant convicted of a class A misdemeanor, 2nd or 3rd degree felony threat of terrorism must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Imprisonment

2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))
3rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(2))

In addition, to any other penalty authorized by law, a judge shall order any person convicted of any violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses and losses incurred in responding to the violation, unless the court states on the record the reasons why the reimbursement would be inappropriate.

Firearms

A defendant convicted of a 2nd or 3rd degree felony threat of terrorism may not posses, use or have control of a firearm or ammunition for life.
(Utah Code Ann. §76-10-503, 18 U.S.C. §921-930)


Other Criminal Charges

Learn more about crimes related to Threat of Terrorism. If you have any questions, please feel free to call our office at (801) 505-1586.

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