While the term “terroristic threat” may evoke images of large-scale attacks or political violence, in legal contexts it often applies to more localized and personal situations — ranging from threats of violence made by students against schools to confrontations between individuals in domestic or workplace settings.
Across the United States, laws criminalizing terroristic threats aim to prevent harm by addressing behavior that…
- instills fear
- disrupts public order, or
- signals a potential for violence.
Although each state has its own legal definition and standards, these laws commonly focus on intent — whether the threat was made to cause fear or influence behavior.
In Minnesota, the crime was renamed to “threats of violence”. It is a felony in Minnesota, and you may be sentenced to up to five years in prison if convicted.
Here’s why you should trust me: I’ve been a lawyer in Minnesota since 1987. I was named Attorney of the Year by Minnesota Lawyer three times — and I’ve been included on the list of the Best Lawyers in America every year since 2007. In 2021, I was named a "Minnesota ICON" in the field of criminal defense.
If you’ve been charged with making a terroristic threat, you need a lawyer who knows what they’re doing so you can get back in the driver’s seat of your own life. The first step is to schedule a free consultation with me to go over the facts of your case and start building your defense.
What is a terroristic threat?
A terroristic threat (or threat of violence) is a criminal act involving a threat of violence made with the intent to cause fear, provoke evacuation, or disrupt normal activities.
Despite the word “terroristic,” this offense doesn’t necessarily involve terrorism in the political or international sense. Instead, it often refers to threats made in personal, school, or public settings — such as a student threatening to carry out a school shooting, or someone telling another person they’ll blow up their car.
The key element is that the threat is serious enough to cause alarm and is communicated in a way that suggests the person intends others to believe it could actually happen.
In most jurisdictions, including Minnesota, the law focuses on the intent behind the threat and how it’s received. A person doesn’t actually need to carry out the threat or even have the means to do so — simply making the threat, especially if it causes fear or disruption, can be enough to warrant charges.
Making a terroristic threat: the law explained
The definition and penalties for threats of violence are outlined in Sec. 609.713 in the Minnesota Statutes.
In Minnesota, a person can be given a threats of violence charge if they meet the following definition:
“Whoever threatens, directly or indirectly, to commit any crime of violence with purpose to terrorize another or to cause evacuation of a building, place of assembly, vehicle or facility of public transportation or otherwise to cause serious public inconvenience, or in a reckless disregard of the risk of causing such terror or inconvenience…”
What it means: It is a crime to threaten to commit a violent act if the goal is to scare someone, force people to leave a place like a school or bus, or seriously disrupt public life. You can even be charged if you didn’t mean to scare anyone but acted recklessly and caused fear anyway. The threat can be made directly to someone or in a more indirect way, like through a note or social media.
A crime of violence is defined in the Minnesota statutes and can include assault, sexual assault, robbery, homicide, arson, etc. Minnesota’s definition covers a broad range of crimes involving physical harm or serious risk to personal safety. These are the kinds of offenses that, when threatened, can also form the basis for a threats of violence charge.
“Whoever communicates to another with purpose to terrorize another or in reckless disregard of the risk of causing such terror, that explosives or an explosive device or any incendiary device is present at a named place or location, whether or not the same is in fact present…”
What it means: This means it’s illegal to tell someone—either on purpose to scare them or without caring about the fear it might cause—that there’s a bomb or explosive at a specific place, even if there isn’t actually one there. Just making someone believe there’s a danger like that is enough to break the law.
“Whoever displays, exhibits, brandishes, or otherwise employs a replica firearm or a BB gun in a threatening manner…if, in doing so, the person either: (1) causes or attempts to cause terror in another person; or (2) acts in reckless disregard of the risk of causing terror in another person.”
What it means: This section makes it a crime to use even a fake gun—like a toy, BB gun, or anything that looks real—in a way that scares someone or could reasonably cause fear. Even if the weapon isn’t real or dangerous, it’s still illegal if the person using it tries to frighten someone or doesn’t care that it might.
Other types of terroristic threats
Terroristic Threat of Family/Household
Generally, these laws criminalize threats of violence against family members, intimate partners, or people living together that are made with the intent to terrorize, intimidate, or control.
The threat may involve…
- direct statements of harm,
- threats involving weapons, or
- other actions causing fear.
While some states have distinct statutes or sentencing enhancements for terroristic threats in domestic contexts, others prosecute such threats under their general terroristic threats laws alongside domestic violence or harassment statutes.
In Minnesota, there is no separate statute specifically labeled for terroristic threats within families or households. Instead, the state applies the general threats of violence law to threats made against anyone, including family or household members.
However, Minnesota also has a robust set of domestic violence and harassment laws that often intersect with threats of violence cases involving family members.
For example, threats made in a domestic context may be prosecuted both under the threats of violence statute and as part of domestic abuse or harassment charges, depending on the circumstances.
Terroristic threat against a public servant
Some jurisdictions impose enhanced penalties or specific statutes when terroristic threats are directed at public servants. The law often treats these threats more seriously to protect those who serve the public and ensure they can perform their duties without fear of harm or intimidation.
Minnesota’s threats of violence statute does not explicitly create a separate offense for threats against public servants. Instead, threats made against public servants are prosecuted under the general threats of violence law.
However, threatening a public servant can be an aggravating factor during sentencing or may be combined with other charges.
Penalties for terroristic threat
Making a terroristic threat is a felony regardless of the type of threat made. However, the penalties vary.
Threatening violence with the intent to scare others may result in the following penalties:
- Imprisonment: Up to 5 years
- Fines: Up to $10,000
Making a false bomb or explosive threat may include one or both of the following penalties:
- Imprisonment: Up to 3 years
- Fines: Up to $3,000
Using a fake firearm may include one or both of the following:
- Imprisonment: Up to 1 year and 1 day
- Fines: Up to $3,000
Fear of imminent SBI (serious bodily injury)
Many states (like Texas, for example) require that a threat be made in a way that puts someone in imminent fear of serious bodily injury or death. This requirement, that the victim must feel the threat was imminent (or happening soon), isn’t a requirement in Minnesota.
In Minnesota, the law focuses instead on:
- The intent behind the threat,
- The nature of the threat, and
- Whether a reasonable person would be terrorized or public disruption could result — not whether someone feared immediate injury.
What it does not require:
- That the victim was in fear of imminent harm.
- That the threat was immediately believable.
- That the person intended to carry it out.
Can a terroristic threat charge be dropped?
Yes, a terroristic threat charge can be dropped, but whether it happens depends on several factors in the case.
- Lack of evidence: If prosecutors don’t have enough proof that a threat was made, or that it was serious enough to cause terror or disruption, they might dismiss the charge.
- Credibility issues: If witnesses or victims recant or are unwilling to cooperate, the case can weaken.
- Intent questions: Because intent to terrorize or reckless disregard is key, if it’s unclear that the defendant had this intent, charges might be dropped or reduced.
- Plea deals: Sometimes, the defendant may agree to plead guilty to a lesser charge (like disorderly conduct or harassment), resulting in the terroristic threat charge being dropped.
- Victim forgiveness or mediation: In some cases, if the victim asks the prosecutor to drop charges or agrees to alternative resolutions, the charge might be dismissed.
Charges can be dropped, but it depends on the facts, evidence, and prosecutorial discretion. If you or someone you know is facing such a charge, consulting with a criminal defense attorney early on in the process is absolutely crucial.
Having the right attorney can make a significant difference in the outcome of your case. The right attorney will have specialized knowledge, courtroom experience, and a proven track record of negotiating or defending charges effectively.
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