Elements Of Terroristic Threat

The most commonly identified elements of terroristic threat are that it must be willful, have specific intent, be “unequivocal, unconditional and specific,” and cause reasonable fear. Specific intent means the utterance of the threat is enough for criminal liability, regardless if you do not plan to carry out your threat, or even have the means to. A willful threat is one with tangible violent or malignant intention behind it and can include both immediate and future harm. Though it has been seen that all elements are not required for an arrest. The statute is under Assaultive Offenses, but covers most, if not all, chapters in the Texas Penal Code, and due to it’s nature is also inchoate. I doubt its efficacy in preventing acts of terror but punitive measures need to be in place when a true terrorist is caught - but we must tread lightly in defining who is a terrorist and what constitutes an act of terror. …show more content…
Though cases are seen where youth otherwise unaffiliated with the system are incarcerated due to what can amount to obscenity; sitting in jail for months in abhorrent conditions awaiting trial. I realize that if you don’t do stupid things, those stupid things can’t come back to bite you; but the purpose of the justice system must not be lost - the message you send an offender and society is paramount in their reform. While this statute was added post-9/11 and was surely passed in the name counter-terrorism, I doubt many, if any, terror plots have been foiled thanks to the law. I do believe it should be in place in order to punish - and rehabilitate - those that would terrorize others. A statute such as this needs to be in place, and while its reach and inherent vagueness make it dangerous, they are required. It’s how the law in interpreted and applied that