Understanding Pennsylvania’s Laws on Terroristic Threats

Terroristic threat charges are more common than people realize, and they often arise during domestic arguments, school disputes, or confrontations with strangers. If you're facing this charge in Philadelphia or anywhere in Pennsylvania, here's what you need to know—and how a criminal defense attorney can help.

What Is a Terroristic Threat in Pennsylvania?

Under 18 Pa. C.S. § 2706, a person commits the crime of terroristic threats if they:

"Communicate, either directly or indirectly, a threat to commit any crime of violence with intent to terrorize another, cause evacuation of a building, or otherwise cause serious public inconvenience."

Key elements of the law include:

• Threat of violence, even without action

• Intent to terrorize, intimidate, or cause panic

• Applies to verbal, written, or electronic threats

• Covers threats made in person, online, or via text/social media

Examples of Terroristic Threat Scenarios

• Telling someone during an argument, “I’m going to kill you.”

• Sending threatening messages via text or email

• Posting violent threats on social media or forums

• Calling in a bomb threat to a school or business

• Threatening to harm a public figure or official

• Telling a teacher or boss you’ll “get them back”

• Creating panic by falsely claiming you have a weapon

Even if no one was hurt and the threat was never intended to be real, you can still be charged based on how others interpreted your words or behavior.

Penalties for Terroristic Threats in Pennsylvania

Terroristic threats is typically a first-degree misdemeanor, which carries:

• Up to 5 years in prison

• A fine of up to $10,000

• Probation, mandatory counseling, or anger management classes

• A permanent criminal record

However, the charge can be upgraded to a third-degree felony if the threat causes:

• Evacuation of a building, school, or public place

• Disruption of emergency services or transportation

Felony penalties include:

• Up to 7 years in prison

• A fine of up to $15,000

What Must the Prosecution Prove?

To convict you of terroristic threats, the Commonwealth must prove:

✅ You made or communicated a threat to commit a violent crime
✅ You had the intent to terrorize the other person or create panic
✅ The threat was credible enough to cause fear or disruption

Importantly, the prosecution does not need to prove that you intended to carry out the threat—only that the intent was to intimidate or frighten someone.

Common Defenses to Terroristic Threat Charges

A skilled defense lawyer can challenge these charges in several ways:

✅ No true threat – The statement was exaggerated, a joke, or taken out of context
✅ No intent to terrorize – You were venting or arguing, not trying to scare anyone
✅ Freedom of speech – Protected by the First Amendment if no real threat existed
✅ False accusation – The alleged victim misrepresented or fabricated the threat
✅ No corroboration – Lack of supporting evidence, witnesses, or electronic records

Your attorney may also negotiate to reduce the charge to disorderly conduct, which carries lighter penalties and may be expunged later.

Can Terroristic Threat Charges Be Expunged?

Possibly—if:

• The charge is dismissed, withdrawn, or results in a not-guilty verdict

• You complete a diversion program or ARD (if offered by the DA)

• You later receive a pardon for the offense

If convicted, a misdemeanor terroristic threat cannot be expunged under Pennsylvania law unless a pardon is granted.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

Terroristic threat charges are serious—but with the right defense, they can often be reduced or dismissed. With over 30 years of experience defending clients in Philadelphia and across Pennsylvania, Mark D. Hauser knows how to challenge exaggerated accusations and protect your record.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.