Electronic Threats and Terroristic Activities

Several states have addressed terrorism in state criminal codes, including statutes that address terroristic activities and threats. But at least three states - California, Georgia, and Pennsylvania - have laws specifically aimed at electronic terroristic threats or acts.
 


California

California Penal Code § 11418.5 Threat to use weapon of mass destruction

11418.5. (a) Any person who knowingly threatens to use a weapon of mass destruction, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, 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 thereby causes that person reasonably to be in sustained fear for his or her own safety, or for his or her immediate family's safety, which results in an isolation, quarantine, or decontamination effort, shall be punished by imprisonment in a county jail for up to one year or in the state prison for 3, 4, or 6 years, or by a fine of not more than two hundred fifty thousand dollars ($250,000), or by both that fine and imprisonment.

(b) For the purposes of this section, "sustained fear" can be established by, but is not limited to, conduct such as evacuation of any building by any occupant, evacuation of any school by any employee or student, evacuation of any home by any resident or occupant, or any other action taken in direct response to the threat to use a weapon of mass destruction.

(c) The fact that the person who allegedly violated this section did not actually possess a biological agent, toxin, or chemical weapon does not constitute a defense to the crime specified in this section.

(d) Nothing in this section shall be construed to prevent punishment instead pursuant to any other provision of law that imposes a greater or more severe punishment.


Georgia

Code of Georgia 16-11-37.1

It shall be unlawful for any person knowingly to furnish or disseminate through a computer or computer network any picture, photograph, or drawing, or similar visual representation or verbal description of any information designed to encourage, solicit, or otherwise promote terroristic acts as defined in Code Section 16-11-37. Any person convicted for violation of this Code section shall be guilty of a misdemeanor of a high and aggravated nature.


Pennsylvania

18 Pa.C.S. § 2706 . Terroristic threats

(A) OFFENSE DEFINED.-- A person commits the crime of terroristic threats if the person communicates, either directly or indirectly, a threat to:

(1) commit any crime of violence with intent to terrorize another;

(2) cause evacuation of a building, place of assembly or facility of

public transportation; or

(3) otherwise cause serious public inconvenience, or cause terror or

serious public inconvenience with reckless disregard of the risk of

causing such terror or inconvenience.

(B) RESTITUTION.-- If the building, place of assembly or facility of public transportation is owned or occupied by a school district, the person convicted of violating this section shall, in addition to any other sentence imposed, be sentenced to pay the school district restitution in an amount equal to the cost of the evacuation, including, but not limited to, the transportation of students and staff from the building, place of assembly or facility.

(C) PRESERVATION OF PRIVATE REMEDIES.-- No judgment or order of restitution shall debar the school district, by appropriate action, to recover from the offender as otherwise provided by law, provided that any civil award shall be reduced by the amount paid under the criminal judgment.

(D) GRADING.-- An offense under subsection (a) constitutes a misdemeanor of the first degree.

(E) DEFINITION.-- As used in this section, the term " communicates" means, conveys in person or by written or electronic means, including telephone, electronic mail, Internet, facsimile, telex and similar transmissions.