MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Judiciary A

By: Representative Baker

House Bill 1264

AN ACT TO CREATE THE "MISSISSIPPI TERRORISTIC THREATS LAW"; TO DEFINE THE TERM "TERRORISTIC THREAT"; TO PROVIDE THAT MAKING A TERRORISTIC THREAT IS A FELONY PUNISHABLE BY IMPRISONMENT FOR UP TO TEN YEARS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  This section shall be known and may be cited as the "Mississippi Terroristic Threats Law."

     (2)  As used in this section, the term "terroristic threat" means a threat to commit a crime of violence or a threat to cause bodily injury to another person and terrorization as the result of the proscribed conduct, which threat must have an intent to terrorize, harm, intimidate or disrupt a governmental function.

     (3)  (a)  A person commits the offense of making a terroristic threat when the person making the threat causes a reasonable expectation or fear of the imminent commission of an offense and when so acting, the person has the intent to:

              (i)  Intimidate or coerce a civilian population;

              (ii)  Influence the policy of a unit of government by intimidation or coercion;

              (iii)  Affect the conduct of a unit of government, educational institution, business or segment of the civilian population by intimidation or coercion; or

              (iv)  Affect the conduct of a unit of government by threatening murder, assassination or kidnapping or any other act deemed as terroristic in nature.

          (b)  It is not a defense to a prosecution under this section that at the time the defendant made the terroristic threat, the defendant did not have the intent or capability to actually commit the specified offense, nor is it a defense that the threat was not made to a person who was a subject or intended victim of the threatened act.

     (4)  A person convicted of the offense of making a terroristic threat is guilty of a felony punishable by imprisonment in the custody of the Mississippi Department of Corrections for not more than ten (10) years.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2018.