New York Penal Law § 490.20: Making a Terrorist Threat

New York Penal Law § 490.20 criminalizes the act of making a terrorist threat. Specifically, this section makes it illegal to threaten to commit a specified offense or cause a specified incident with the intent to intimidate or coerce a civilian population, influence government policy, or cause alarm or disruption.

To be convicted under NY Penal Law § 490.20, the prosecution must prove that the defendant made a threat with a specific intent to intimidate or coerce others, influence government policy, or cause alarm or disruption. The threat must also be credible and specific, meaning that a reasonable person would believe that the defendant had the ability and intent to carry out the threat.

The statute defines a "specified offense" as an act of terrorism, sabotage, assassination, kidnapping, hijacking, or other violent acts. A "specified incident" includes an incident involving the release, explosion, or dissemination of hazardous substances, or an incident involving a fire, explosion, or other violence that creates a risk of serious physical injury or death.

The reasoning behind the statute is to address the growing threat of terrorism and violent acts that can cause alarm, panic, and disruption to society. The statute aims to deter individuals from making threats to intimidate or coerce others, influence government policy, or cause alarm or disruption. By criminalizing this behavior, the law seeks to protect the public from the fear and chaos that can result from such threats.

People v. Guerrero, 177 A.D.3d 1 (1st Dept. 2019). The defendant, Guerrero, was convicted of making a terrorist threat under NY Penal Law § 490.20 for stating that he would bomb a nearby police precinct. He argued that his statements were merely venting, but the court found that his statements were made with the intent to cause alarm and were therefore a true threat. Guerrero was sentenced to one year in jail.

People v. Lawrence, 184 A.D.3d 691 (2d Dept. 2020). In this case, the defendant, Lawrence, was charged with making a terrorist threat under NY Penal Law § 490.20 for threatening to shoot up his former high school. Lawrence argued that he had no intention of carrying out the threat and was merely venting, but the court found that his statements were a true threat and sentenced him to one year in jail.

People v. Jevremovic, 14 Misc. 3d 1007(A) (Sup. Ct. Kings Cty. 2006). The defendant, Jevremovic, was charged with making a terrorist threat under NY Penal Law § 490.20 for writing a threatening note and leaving it on the windshield of a police officer's car. Jevremovic argued that his statements were not a true threat, but the court found that the statements were made with the intent to cause alarm and sentenced him to six months in jail.

People v. Mack, 185 Misc. 2d 516 (Crim. Ct. N.Y. Cty. 2000). In this case, the defendant, Mack, was charged with making a terrorist threat under NY Penal Law § 490.20 for making a bomb threat against a government building. Mack argued that he was joking, but the court found that his statements were a true threat and sentenced him to six months in jail.

1. Soliciting or providing support for an act of terrorism in the second degree: New York Penal Law section 490.10
2. Soliciting or providing support for an act of terrorism in the first degree: New York Penal Law section 490.15

Under New York Penal Law § 490.20, making a terrorist threat is a class D felony, which carries a maximum sentence of 7 years in prison, a fine of up to $100,000, or both. However, the sentence can vary depending on the circumstances of the case, such as the nature of the threat, the level of fear or panic caused, the defendant's criminal history, and any harm caused by the threat. Additionally, a conviction for making a terrorist threat can have serious consequences on a person's future, including restrictions on travel, employment opportunities, and more. It's important to note that even a joke or a hoax that is perceived as a terrorist threat can lead to criminal charges and severe penalties.

1. A person is guilty of making a terroristic threat when with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination or kidnapping, he or she threatens to commit or cause to be committed a specified offense and thereby causes a reasonable expectation or fear of the imminent commission of such offense.
2. It shall be no defense to a prosecution pursuant to this section that the defendant did not have the intent or capability of committing the specified offense or that the threat was not made to a person who was a subject thereof.

Being charged with a violation of New York Penal Law § 490.20 can be a serious matter that requires immediate attention from an experienced New York criminal lawyer. If you are facing charges under this law, it is important to seek legal counsel as soon as possible to protect your rights and build a strong defense strategy. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County.