Terroristic Threats in New Jersey

N.J.S.A. 2C:12-3 · Assault, Homicide & Violent Offenses

What the law says

The statute prohibits threatening to commit a crime of violence with the specified purpose or reckless disregard, and prohibits threatening to kill another under circumstances that create an imminent fear of death. A violation of subsection a is elevated to a second-degree crime if it occurs during a declared period of national, State or county emergency.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:12-3, that means:

• The person threatens to commit a crime of violence.
• The person acts with the purpose to terrorize another, cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise cause serious public inconvenience; alternatively, the person acts in reckless disregard of the risk of causing such terror or inconvenience.
• The person threatens to kill another.
• The person acts with the purpose to put the other person in imminent fear of death.
• The circumstances reasonably cause the victim to believe the threat is immediate and likely to be carried out.

How the charge is graded

• A violation of subsection a is a crime of the third degree.
• A violation of subsection a is a crime of the second degree if it occurs during a declared period of national, State or county emergency.
• A violation of subsection b is a crime of the third degree.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• For the subsection a emergency enhancement, the actor is strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency.
• It is not a defense that the actor did not know there was a declared period of emergency at the time the crime occurred.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Self-defense or defense of others under N.J.S.A. 2C:3-4 and 2C:3-5, when the force used was reasonable
• Challenging the level of injury the State alleges, which often decides whether a charge is simple or aggravated
• Witness credibility, inconsistent statements, and video that contradicts the complaint
• Lack of the required mental state (purposely, knowingly, or recklessly)
• Suppression of statements taken in violation of Miranda

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Terroristic Threats charge.

Related charges

• Murder →
• Manslaughter →
• Vehicular Homicide (Death by Auto) →
• Strict Liability Vehicular Homicide →
• Simple Assault →
• Aggravated Assault →
• Assault by Auto →
• Stalking →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.