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<blockquote data-quote="Dannyalcatraz" data-source="post: 6883435" data-attributes="member: 19675"><p>That's a fair counter- and notably, while Virigina does have some harsh penalties for threats of violence, near as I can tell, they never use the word "terroristic" as part of their drafting.</p><p></p><p>I will note, however, that every legal reference site I have looked on has noted that "every state" has laws against making "terroristic" threats. I suspect that, even without using the exact phrase, Virginia's law is known as such by state practitioners, and is probably distinguished by its penalties and definitions, possibly its legislative history.</p><p></p><p></p><p></p><p>Nobody said the threat had to be "felonious", just defined as a "terroristic threat". It will still show up on your record as such, even though it is only a misdemeanor. The anonymous expungement inquiry I mentioned above noted that the conviction was interfering with the person's ability to get a job. IOW, it may only be a misdemeanor, but not all misdemeanors are crated equal.</p><p></p><p>And besides, there's also Federal law to consider.</p><p></p><p></p><p></p><p>So, if the threat was issued by someone out of the USA, or within its territorial seas, or special jurisdictions, you can be charged under the Federal terroristic threat law.</p><p></p><p>It is unclear by it's language whether simply using the Internet to issue a threat will in and of itself support an indictment under 18 U.S. Code § 2332b(b)(1)(A) if the conduct charged originated within the United States, but I suspect it is probable. After all, the Interstate Commerce Act has been used to support actions that were solely within the confines of a single state because the activity involved some apparatus of interstate commerce such as the Internet, or broadcast media outlets that cross state boundaries.</p><p></p><p>Under <em>United States v. DeAndino,</em> 958 F.2d 146 (US Ct. App. 6th Cir. 1992), email is clearly considered to be an instrument of "interstate and foreign" commerce, so the risk is there.</p></blockquote><p></p>
[QUOTE="Dannyalcatraz, post: 6883435, member: 19675"] That's a fair counter- and notably, while Virigina does have some harsh penalties for threats of violence, near as I can tell, they never use the word "terroristic" as part of their drafting. I will note, however, that every legal reference site I have looked on has noted that "every state" has laws against making "terroristic" threats. I suspect that, even without using the exact phrase, Virginia's law is known as such by state practitioners, and is probably distinguished by its penalties and definitions, possibly its legislative history. Nobody said the threat had to be "felonious", just defined as a "terroristic threat". It will still show up on your record as such, even though it is only a misdemeanor. The anonymous expungement inquiry I mentioned above noted that the conviction was interfering with the person's ability to get a job. IOW, it may only be a misdemeanor, but not all misdemeanors are crated equal. And besides, there's also Federal law to consider. So, if the threat was issued by someone out of the USA, or within its territorial seas, or special jurisdictions, you can be charged under the Federal terroristic threat law. It is unclear by it's language whether simply using the Internet to issue a threat will in and of itself support an indictment under 18 U.S. Code § 2332b(b)(1)(A) if the conduct charged originated within the United States, but I suspect it is probable. After all, the Interstate Commerce Act has been used to support actions that were solely within the confines of a single state because the activity involved some apparatus of interstate commerce such as the Internet, or broadcast media outlets that cross state boundaries. Under [I]United States v. DeAndino,[/I] 958 F.2d 146 (US Ct. App. 6th Cir. 1992), email is clearly considered to be an instrument of "interstate and foreign" commerce, so the risk is there. [/QUOTE]
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