Terroristic Threat Defense

Making a terroristic threat in Alabama is charged in two degrees under Alabama Code §§ 13A-10-241 and 13A-10-242. First-degree terroristic threats are a Class C felony carrying 1 to 10 years in prison. Second-degree terroristic threats are a Class A misdemeanor carrying up to one year in jail. An experienced defense attorney can challenge the allegations and protect your future.

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What Is a Terroristic Threat Under Alabama Law?

A terroristic threat is a threat to commit a crime of violence or to damage property. Alabama restructured its terroristic threat statutes in 2023 when Act 2023-493 (HB37) repealed the former single-offense statute (§ 13A-10-15) and replaced it with two separate offenses under a new Article 10 of Chapter 10: making a terroristic threat in the first degree (§ 13A-10-241) and making a terroristic threat in the second degree (§ 13A-10-242). This restructuring created a misdemeanor-level charge that did not previously exist, and it narrowed the felony charge to require specific aggravating circumstances.

Most competitor websites and legal directories still cite the repealed § 13A-10-15. If you are researching terroristic threat charges in Alabama, confirm that any legal information you read references the current statutes effective September 1, 2023. Not the repealed version.

What Is the Difference Between First and Second Degree Terroristic Threats?

The degree depends on the nature of the threat, the method described, and whether an aggravating circumstance actually occurred.

Second Degree - Class A Misdemeanor

Under § 13A-10-242, a person commits the crime of making a terroristic threat in the second degree by threatening to commit a crime of violence or to cause damage to the property of another person. This is the baseline terroristic threat charge. No aggravating factor. Such as an actual evacuation, disruption of government activity, or use of a specific weapon type is required. The state must prove the defendant made a threat to commit a crime of violence or cause property damage, and that the threat was made intentionally.

A conviction carries up to one year in jail and a fine of up to $6,000 under §§ 13A-5-7 and 13A-5-12. Second-degree terroristic threats were created by Act 2023-493 before September 1, 2023, this conduct would have been charged under the now-repealed § 13A-10-15 as a Class C felony regardless of aggravating circumstances.

First Degree - Class C Felony.

Under § 13A-10-241, a person commits the crime of making a terroristic threat in the first degree when, based on an objective evaluation, he or she credibly threatens to commit a crime of violence or to damage property by use of a bomb, explosive, weapon of mass destruction, firearm, deadly weapon, or other mechanism AND any of the following occurs:

•       The threat causes the evacuation of any real property including schools, hospitals, government buildings, churches, stadiums, retail establishments, or any other building open to the public

•       The threat causes the disruption of a school, church, or government activity

•       The threat is made with intent to retaliate against a witness, party in a judicial or administrative proceeding, law enforcement officer, probation officer, prosecuting attorney, or judge

A conviction carries 1 year and 1 day to 10 years in prison and a fine of up to $15,000 under §§ 13A-5-6 and 13A-5-11. The statute requires that the threat be objectively credible — meaning a reasonable person, evaluating the totality of the circumstances, would believe the threat could be carried out. The Alabama Pattern Jury Instructions reflect this objective credibility standard, which the state must prove beyond a reasonable doubt.

What Are the Penalties for Making a Terroristic Threat in Alabama?

For context, here is how terroristic threat penalties compare to related violent offense charges in Alabama:

Terroristic threat charges are classified as violent offenses under § 12-25-32. Defendants convicted of violent offenses are excluded from community corrections programs and face restricted parole eligibility. Alabama’s Habitual Felony Offender Act (§ 13A-5-9) enhances penalties for defendants with prior felony convictions — a second felony can double the minimum sentence, and three or more priors can result in life without parole.

How Do Terroristic Threats Relate to Other Criminal Charges?

A terroristic threat charge is rarely filed in isolation. Prosecutors routinely stack terroristic threat counts with related charges depending on the circumstances. If the threat targets a family or household member, the defendant may also face domestic violence charges under §§ 13A-6-130 through 13A-6-132. If the threat involves following or repeated contact, harassment (§ 13A-11-8) or stalking (§ 13A-6-90) charges may be added. If the threat escalates to physical contact, assault charges can be filed on top of the terroristic threat count.

When a terroristic threat is directed at a school, the consequences extend beyond criminal charges. Under § 16-1-24.1, the student faces mandatory expulsion for a minimum of one year, and the school principal is required to immediately notify law enforcement. The criminal charge and the school disciplinary proceeding run simultaneously but independently. A dismissal of the criminal case does not automatically reverse the expulsion.

When a threat involves a bomb, explosive, or weapon of mass destruction and is directed at a federal building, federal facility, or interstate communication, federal charges under 18 U.S.C. § 844(e) (threats involving explosives) or 18 U.S.C. § 875(c) (interstate threats) may be filed in addition to or instead of the Alabama state charge. Federal bomb threat convictions carry up to 10 years in federal prison. For more on federal charges, see our Alabama federal crimes defense page.

What Are the Criminal Record Consequences of a Terroristic Threat Conviction?

A terroristic threat conviction creates a permanent criminal record in Alabama. Even a Class A misdemeanor second-degree conviction appears on every background check and can affect employment, housing, professional licensing, educational opportunities, and security clearances. For military personnel and defense contractors — particularly those with positions at Redstone Arsenal in Huntsville or Maxwell Air Force Base in Montgomery. Any criminal conviction can trigger security clearance review or revocation.

A Class C felony first-degree conviction results in the loss of voting rights in Alabama until all terms of the sentence — including probation, fines, and restitution are completed and a Certificate of Eligibility to Register to Vote is obtained. A felony conviction also results in the permanent loss of the right to possess firearms under both Alabama and federal law. Defendants convicted of violent offenses under § 12-25-32 are excluded from community corrections programs, which eliminates alternatives like work release and electronic monitoring.

Alabama does allow expungement of certain non-violent misdemeanor and felony convictions, but eligibility requirements are strict and waiting periods apply. Avoiding a conviction in the first place is always the strongest outcome. For more information on clearing your record, visit our Alabama expungement page.

What Defenses Are Available for Terroristic Threat Charges?

Being charged does not mean being convicted. At JB Brown Criminal Trial Practice, we evaluate every available defense from the moment you retain us and build a strategy around the specific facts of your case.

The Threat Was Not Objectively Credible

First-degree terroristic threats require the threat to be objectively credible meaning a reasonable person, evaluating the totality of the circumstances, would believe the threat could be carried out. Vague statements, obvious exaggerations, sarcasm, dark humor, and expressions of frustration that no reasonable person would take literally may not meet this standard. We examine the exact words used, the context in which they were spoken or written, the audience, the defendant’s ability to carry out the threat, and whether any reasonable person actually felt threatened.

First Amendment Protections

The First Amendment protects speech including speech that is offensive, provocative, or alarming unless it constitutes a “true threat.” The U.S. Supreme Court held in Counterman v. Colorado (2023) that the state must prove the defendant had some subjective understanding that his statements could be viewed as threatening. Protected speech including political rhetoric, artistic expression, song lyrics, social media venting, and heated arguments cannot be prosecuted as a terroristic threat. We evaluate whether the charged speech falls within constitutionally protected expression and, if so, move to dismiss on First Amendment grounds.

Lack of Intent

The state must prove the defendant intended to make a threat. Statements taken out of context, misinterpreted humor, ambiguous language, and communications that were never intended to reach the alleged victim may not establish the required intent. We examine the full context of the communication including prior exchanges, tone, relationship between the parties, and whether the statement was directed at anyone to challenge the state’s case on intent.

The Aggravating Factor Did Not Occur

First-degree terroristic threats require proof that the threat caused an actual evacuation, disrupted a school or government activity, or was made with retaliatory intent against a witness or official. If the aggravating factor did not actually occur or cannot be proven to have been caused by the defendant’s statement. The first-degree charge cannot be sustained. The charge may be reduced to second-degree, or dismissed entirely if the evidence is insufficient at any level.

False Allegations and Witness Credibility

Terroristic threat charges frequently arise from relationship disputes, workplace conflicts, neighbor disagreements, custody battles, and school disputes where statements are exaggerated, taken out of context, or fabricated entirely. We examine the accuser’s motivations, prior statements, inconsistencies in the account, the full communication history between the parties, and any evidence that contradicts the allegation.

Constitutional Violations

If the arrest was made without probable cause, or if evidence was obtained through an unlawful search of the defendant’s phone, social media accounts, or communications without a valid warrant, we move to suppress that evidence. A prosecution built on unlawfully obtained evidence can collapse entirely once suppression is granted.

Why Experience Matters

Terroristic threat cases sit at the intersection of criminal law and constitutional law. The 2023 statutory restructuring means many attorneys and even some prosecutors are still applying the old single-offense framework. Our attorneys understand both the current two-degree structure and the First Amendment protections that limit how far the state can go. We have handled these cases at every stage in Birmingham, Huntsville, Mobile, and across Alabama.

Frequently Asked Questions About Terroristic Threat Charges

A terroristic threat charge can feel overwhelming, especially when you believe your words were taken out of context. Here are the questions we receive most often.

What is a terroristic threat in Alabama?

Under Alabama law effective September 1, 2023, a terroristic threat is a threat to commit a crime of violence or to damage property. The offense is divided into two degrees. Second-degree terroristic threats (§ 13A-10-242) cover any such threat and are a Class A misdemeanor carrying up to one year in jail. First-degree terroristic threats (§ 13A-10-241) apply when the threat is objectively credible, involves a bomb, explosive, firearm, or other weapon, and causes an evacuation, disrupts a school or government activity, or is made to retaliate against a witness or law enforcement officer. First-degree terroristic threats are a Class C felony carrying 1 to 10 years in prison.

Can you be arrested for making a threat in Alabama?

Yes. Alabama law enforcement can arrest a person for making a terroristic threat if they have probable cause to believe the offense was committed. Even a second-degree terroristic threat, a Class A misdemeanor, can result in arrest, a criminal record, a court appearance, and up to one year in jail. If the threat involves a bomb, weapon, or causes an evacuation or disruption, the charge is elevated to a first-degree felony carrying up to 10 years in prison. An arrest does not require that the threat be carried out. Only that a threat was made.

Is a terroristic threat charge a felony in Alabama?

It depends on the degree. A second-degree terroristic threat under § 13A-10-242 is a Class A misdemeanor. A first-degree terroristic threat under § 13A-10-241 is a Class C felony. The distinction turns on whether the threat involved a specific weapon type (bomb, explosive, firearm, deadly weapon) and whether an aggravating factor such as an evacuation, disruption of school or government activity, or retaliation against a witness actually occurred.

Can a text message or social media post be charged as a terroristic threat?

Yes. Alabama’s terroristic threat statutes apply to threats made by any means, which includes text messages, direct messages, social media posts, emails, voicemails, phone calls, handwritten notes, and any other form of communication. The platform or medium does not matter. What matters is whether the statement constitutes a threat to commit a crime of violence or damage property. Screenshots, metadata, IP address logs, and digital forensics are commonly used as evidence in these cases.

What changed about Alabama’s terroristic threat law in 2023?

Act 2023-493, effective September 1, 2023, repealed the former single-offense terroristic threat statute (§ 13A-10-15) and replaced it with two degrees. Before 2023, any terroristic threat in Alabama was a Class C felony regardless of circumstances. The new law created a Class A misdemeanor second-degree charge for threats without aggravating factors, and a Class C felony first-degree charge for credible threats involving weapons that cause evacuations, disrupt schools or government activity, or target witnesses and officials. This means some conduct that was previously charged as a felony is now a misdemeanor.