HB233INTRODUCED
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HB233
SSLJ558-1
By Representative Baker
RFD: Public Safety and Homeland Security
First Read: 06-Feb-25
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5 SSLJ558-1 01/08/2025 GP (L)lg 2024-3054
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First Read: 06-Feb-25
SYNOPSIS:
Under existing law, a person commits the crime
of making a terrorist threat in the second degree if he
or she credibly threatens to commit a crime of
violence, and there is a gravity of purpose and an
immediate prospect that the threat will be executed.
Under existing law, the crime of making a
terrorist threat in the second degree is a Class A
misdemeanor.
This bill would remove the requirement that a
threat must be credible and imminent in order to
constitute the crime of making a terrorist threat in
the second degree.
This bill would also provide that a second or
subsequent conviction of the crime of making a
terrorist threat in the second degree is a Class D
felony.
A BILL
TO BE ENTITLED
AN ACT
Relating to the crime of making a terrorist threat; to
amend Sections 13A-10-240, 13A-10-241, as last amended by Act
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amend Sections 13A-10-240, 13A-10-241, as last amended by Act
2024-229 of the 2024 Regular Session, and 13A-10-242, Code of
Alabama 1975; to revise the circumstances in which a threat
constitutes the crime of making a terrorist threat in the
second degree; and to further provide criminal penalties for
second or subsequent convictions.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-10-240, 13A-10-241, as last
amended by 2024-229 of the 2024 Regular Session, and
13A-10-242, Code of Alabama 1975, are amended to read as
follows:
"§13A-10-240
As used in this article, the following terms have the
following meanings:
(1) PROPERTY. Personal or real property. The term
includes, but is not limited to, any of the following
buildings or real property:
a. A church, mosque, synagogue, or other religious real
property.
b. A public or private school.
(2) THREATEN. A person threatens another if all of the
following occur:
a. The person intentionally and knowingly makes a
statement verbally, in writing, by means of an electronic
communication device, or by any other means to harm a person
or property.
b. The statement is communicated to another person.
c. Under the circumstances, the threatened harm is
credible and imminent.
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credible and imminent.
d. The statement, on its face and under the
circumstances in which it is made, is so unequivocal,
immediate, and specific as to convey to the person threatened,
a gravity of purpose and an immediate prospect of execution of
the threat.
e. The statement causes the person to reasonably be in
sustained fear for his or her own safety or for the object of
the threat.
(3) WEAPONS OF MASS DESTRUCTION. Any of the following:
a. A destructive device as defined in 18 U.S.C. § 921.
b. A weapon that is designed or intended to cause death
or serious bodily injury through the release, dissemination,
or impact of toxic or poisonous chemicals.
c. A weapon involving a biological agent, toxin, or
vector, as those terms are defined in 18 U.S.C. § 178.
d. A weapon that is designed to release radiation or
radioactivity at a level dangerous to human life."
"§13A-10-241
(a) A person commits the crime of making a terrorist
threat in the first degree when he or she, based on an
objective evaluation, credibly threatens to commit a crime of
violence against a person or to damage any property by use of
a bomb, explosive, weapon of mass destruction, firearm, deadly
weapon, or other mechanism and any of the following occurs:
(1) The threat causes the evacuation of any real
property.
(2) The threat causes the disruption of a school,
church, or government activity.
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church, or government activity.
(3) The threat is with intent to retaliate against the
victim because of his or her involvement or participation as
any of the following:
a. A witness or party in any judicial or administrative
proceeding.
b. A person who produced records, documents, or other
objects in a judicial or administrative proceeding.
c. A person who provided 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, of the
United States, or a violation of conditions of bail, pretrial
release, probation, or parole.
(4) The threat is made against an elected public
official or his or her staff.
(b)For the purposes of this section, a person
threatens another when:
(1) The person makes a statement verbally, in writing,
by means of an electronic communication device, or by any
other means to harm a person or property;
(2) The statement is communicated to another person;
(3) Under the circumstances, the threatened harm is
credible and imminent;
(4) The statement, on its face and under the
circumstances in which it is made, is so unequivocal,
immediate, and specific as to convey to the person threatened,
a gravity of purpose and an immediate prospect of execution of
the threat; and
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the threat; and
(5) The statement causes the person to reasonably be in
sustained fear for his or her own safety or for the object of
the threat.
(c) The crime of making a terrorist threat in the first
degree is a Class C felony."
"§13A-10-242
(a) A person commits the crime of making a terrorist
threat in the second degree when he or she , based on an
objective evaluation, credibly threatens to commit a crime of
violence against a person or to damage any property by use of
a bomb, explosive, weapon of mass destruction, firearm, deadly
weapon, or other mechanism.
(b) For the purposes of this section, a person
threatens another when:
(1) The person makes a statement verbally, in writing,
by means of an electronic communication device, or by any
other means to harm a person or property;
(2) The person makes the statement with the intent to
cause fear or harm; and
(3) The statement is communicated to another person.
(c)(1) The crime of making a terrorist threat in the
second degree is a Class A misdemeanor .
(2) A second or subsequent violation of this section is
a Class D felony ."
Section 2. This act shall become effective on October
1, 2025.
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