Terroristic Threats
Unlike some states that have specific terroristic threat laws, Colorado does not have a statute explicitly criminalizing terroristic threats. Instead, threatening behavior that causes fear or panic is prosecuted under Colorado’s menacing law (CRS 18-3-206).
Menacing occurs when someone intentionally places another person in fear of serious bodily injury by threat or physical action. This law is often used to prosecute threats of violence, hoaxes, and statements interpreted as threats of mass harm. Depending on the circumstances, menacing can be charged as a misdemeanor or a felony, with serious legal consequences.
Denver Terroristic Threats Lawyer in Colorado
As schools continue to see a rise in false terrorism charges, local and state governments have begun to crack down on hoaxes and pranks by students. And while this aggressive stance makes sense in the context of an increased number of school shootings, teachers and other students have found themselves on-edge, and many innocent students have come under fire for what they believed to be innocuous statements. Whether your child intended to cause a panic out of anger or frustration, or they were arrested or punished for statements taken out of context, you need to contact an experienced criminal defense attorney immediately.
Contact the Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 for a confidential consultation and take the first steps toward protecting your rights. Matthew Martin represents clients throughout the state of Colorado, including the city of Denver in Denver County, and the surrounding areas in the Front Range region including: Brighton in Adams County, Centennial and Littleton in Arapahoe County, Castle Rock in Douglas County, Golden in Jefferson County, and Boulder and Longmont in Boulder County.
Overview of Terroristic Threats in Colorado
- Terroristic Threats
- Types of Threats
- Penalties
- Defenses
- Frequently Asked Questions
- Hire an Attorney for Terroristic Threats Charges
Terroristic Threats under Colorado Law
Since Colorado does not have a dedicated law for terroristic threats, prosecutors rely on CRS 18-3-206, which defines menacing as:
“A person commits the crime of menacing if, by any threat or physical action, they knowingly place or attempt to place another person in fear of imminent serious bodily injury.”
Menacing can be charged as:
- A Class 1 misdemeanor if no weapon is involved.
- A Class 5 felony if a deadly weapon (or an object that appears to be a weapon) is used.
This means that verbal, written, or digital threats that cause public panic or individual fear may be prosecuted under Colorado’s menacing law, including so-called “terroristic threats.”
Types of Terroristic Threats
Even though Colorado does not define “terroristic threats” as a separate crime, various types of threats can result in criminal charges under menacing laws.
Threats of Violence Against Individuals
A person may be charged if they make direct threats of serious bodily harm against another individual.
Examples:
- Sending a text saying, “I’m going to beat you up after school.”
- Telling someone, “If I see you again, I’ll kill you.”
- Posting online, “I have a gun and know where you live.”
Threats of Mass Harm
Statements that threaten schools, businesses, or public places can lead to criminal charges, even if the person does not intend to follow through.
Examples:
- Calling in a bomb threat to a school or workplace.
- Posting on social media, “There’s going to be a shooting tomorrow” or “don’t come to school tomorrow,” even as a joke.
- Leaving a note in a public place that suggests an attack.
Hoaxes or False Reports
Making false claims about violence or danger can also lead to criminal charges if they cause public panic or waste emergency resources.
Examples:
- Calling 911 and falsely claiming someone has a gun in a crowded place.
- Telling a teacher, “There’s a bomb in my backpack,” as a prank.
- Sending an anonymous tip about a fake school shooting threat.
Threats Using Weapons or Dangerous Objects
If a person threatens someone while holding a weapon, even if it’s not used, they can be charged with felony menacing.
Examples:
- Waving a gun and saying, “You’re going to regret this.”
- Holding a baseball bat and shouting, “I’ll break your legs.”
- Pointing a fake gun at someone to scare them.
Penalties for Menacing (Terroristic Threats) in Colorado
| Type of Threat | Charge Level | Penalties |
|---|---|---|
| Menacing (No Weapon) | Class 1 Misdemeanor | Up to 364 days in jail, fines up to $1,000 |
| Menacing (With a Weapon or Object That Appears to Be a Weapon) | Class 5 Felony | 1 to 3 years in prison, fines up to $100,000 |
| False Report of an Explosive, Weapon, or Hazardous Material | Class 6 Felony | 12 to 18 months in prison, fines up to $100,000 |
Common Defenses to Terroristic Threats Charges in Colorado
Even though Colorado prosecutes terroristic threats under menacing (CRS 18-3-206), a strong legal defense can help reduce or dismiss charges. Some of the most common defenses include:
Lack of Intent
The prosecution must prove that the defendant knowingly and intentionally placed another person in fear of imminent harm. If the statement was made as a joke, sarcasm, or without any real intent to threaten, this could be a valid defense.
No Reasonable Fear
For a statement to qualify as a criminal threat, it must reasonably place someone in fear of serious bodily injury. If the alleged victim’s reaction was unreasonable or exaggerated, the statement may not meet the legal definition of menacing.
Protected Free Speech
The First Amendment protects speech, even if it is offensive or shocking. However, it does not protect true threats—statements that demonstrate a real intent to commit harm. If the speech was general frustration or hyperbole, it may be protected under the Constitution.
False Accusations or Misinterpretation
Threat allegations often arise from misunderstandings, personal disputes, or false reports. If the accusation was exaggerated, fabricated, or taken out of context, the charges may not be valid.
Lack of Evidence
In many cases, there may be no physical evidence of the alleged threat. Without a recorded statement, witness testimony, or other supporting proof, the prosecution may struggle to prove the case beyond a reasonable doubt.
Coercion or Duress
If the defendant was forced or threatened into making a statement, coercion or duress may be a defense. This applies when a person makes a statement under immediate threat of harm from another party.
Frequently Asked Questions
Can I be charged with making a terroristic threat if I didn’t mean it seriously?
Yes. Even if a statement was meant as a joke or not intended as a real threat, you can still face charges if someone reasonably believed they were in danger.
What if I made the statement online or in a private message?
Threats made through social media, text messages, emails, or private conversations can still lead to criminal charges if they cause fear or public panic.
Is it a crime to make a false bomb threat or active shooter threat?
Yes. Making a hoax threat—even if it is not real—can lead to felony charges, especially if it causes evacuations, lockdowns, or law enforcement responses.
Can I be arrested for venting frustration in a text or social media post?
Possibly. If the message contains violent language or references harming others, someone may report it as a threat. Context matters, and a skilled attorney can argue whether the statement was truly a criminal threat.
What if I was drunk or under the influence when I made the threat?
Being intoxicated does not automatically excuse criminal behavior. However, if intoxication affected your ability to form intent, it could be used as part of your defense.
Can a minor be charged with making terroristic threats?
Yes. Juveniles can face serious charges for school threats, social media posts, or statements made to classmates or teachers. While some cases are handled in juvenile court, extreme cases can result in felony charges.
Will a terroristic threat charge affect my future?
Yes. A conviction can lead to jail or prison time, fines, a criminal record, and restrictions on employment, education, and firearm ownership. Even false accusations or misinterpreted statements can have long-term consequences.
What should I do if I am accused of making a terroristic threat?
- Do not make any further statements to police or on social media.
- Gather evidence (such as texts, messages, or witnesses who can verify the context).
- Contact a criminal defense attorney immediately to discuss your legal options.
Hire an Attorney for Terroristic Threats Charges
A misunderstood statement or offhand comment should not ruin your child’s future. If your child has been accused of making a terroristic threat, don’t face it alone—a strong defense can make a difference. Call now for a confidential consultation with a defense lawyer who will fight for your rights and help you avoid unnecessary criminal consequences.
Contact the Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 for a confidential consultation and take the first steps toward protecting your rights. Matthew Martin represents clients throughout the state of Colorado, including the city of Denver in Denver County, and the surrounding areas in the Front Range region including: Brighton in Adams County, Centennial and Littleton in Arapahoe County, Castle Rock in Douglas County, Golden in Jefferson County, and Boulder and Longmont in Boulder County.