What Does The Law Mean When It Says A Terrorist Threat Must Be Unequivocal, Unconditional, And Specific?
According to legalmatch.com, one of the qualifications of a terrorist threat is that it must be unequivocal, unconditional, and specific. The meaning of the sentence may be the difference between a statement being considered a bad joke or a terrorist threat. Here is what you need to know about the meaning of the three words in this context:
Unequivocal
Your threatening statement must contain what you plan to do, and not what you are capable of doing. Having the ability to blow up a building doesn't necessarily mean you intend to blow it up.
Consider the example of a demolition expert who says they can easily blow up a building. You know they are telling the truth since they have the knowledge and materials to do it, but this doesn't make them a terrorist. However, if any person says that they will blow up the building, then they are making a terrorist threat. It doesn't even matter whether the person making the threat has the capability or not, the fact that they plan to do it is enough.
Unconditional
In many (but not all) cases, a threatening statement must also be unconditional for it to be considered a terrorist threat. Consider an example in which members of a sorority are constantly harassing and bullying you. Suppose that you threaten to burn their sorority house if they don't stop with the constant harassment. In this case, you may escape the terrorist threat charges.
However, this doesn't mean that you will get off scot-free if you make a conditional threat to do something terrorizing. You may not face terrorism charges, but you will face other forms of criminal charges. For example, you may be charged with making a criminal threat, which is a felony.
Note that some courts may still charge you with making a terrorist threat if you make a conditional threat. In some cases, the number of the conditions attached to your threat may determine whether or not it is considered terrorism.
Specific
Specific here means the same thing as it does in common usage; your threatening statement must be clear and unambiguous. This means an average person who hears your threat must know what it means.
The following two examples will suffice. In the first example, a college student claims that a big calamity will befall the school on graduation day. In the second example, another student threatens to shoot the graduating class on graduation day. The first student's statement isn't clear; what exactly is the calamity he or she is talking about? Nobody can tell without further clarification. The second example is specific and self-explanatory.
For more information, talk to a criminal defense attorney like Bates Law Firm, PLLC.
Share