What are the penalties for making bomb threats in New Jersey?

Penalties for Making Bomb Threats in New Jersey

Making bomb threats in New Jersey can lead to some pretty serious criminal charges and penalties. I did some research into New Jersey laws about this and wanted to break it all down in this article to help explain what kinds of charges and punishments people can face for making these kinds of threats in NJ.

Terroristic Threats

One of the most common charges for making bomb threats in New Jersey is “terroristic threats.” This falls under New Jersey statute 2C:12-3. Basically, if you threaten to commit any violent crime with the purpose of terrorizing someone or causing mass inconvenience, you can be charged with a terroristic threat. This includes calling in fake bomb threats.

Some examples of terroristic threats would be:

• Calling in a bomb threat to a school, office building, etc. and causing it to evacuate
• Sending threatening emails saying you will blow up a building
• Leaving voicemails threatening to bomb someone’s house or business

Terroristic threats are usually charged as a 3rd degree felony in New Jersey. If convicted, you can face 3-5 years in prison and fines up to $15,000 – so pretty serious consequences!

False Public Alarm

Another charge that often comes up with fake bomb threats is “false public alarm.” This is covered by New Jersey statute 2C:33-3. Basically if you initiate or circulate a false alarm about an impending bombing, you can be charged with a false public alarm.

Some examples would be:

• Posting threats about a bomb on social media
• Spreading rumors about an impending bomb attack
• Reporting a fake bomb threat to the police or media

False public alarm can be charged as a 3rd degree crime if it causes major inconvenience. The penalties are similar to terroristic threats – up to 5 years in prison and $15,000 in fines.

Other Possible Charges

There are a few other charges that can come up in New Jersey for fake bomb threats, including:

• False Reporting – Falsely reporting an incident is a disorderly persons offense under 2C:30-2. This includes reporting a fake bomb threat. Penalties can include up to 6 months in jail.
• False Incrimination – If you try to falsely blame someone else for a fake bomb threat, you could be charged with false incrimination under 2C:28-4. This is a 4th degree crime with up to 18 months in prison.
• Hoax Devices – If you use or deploy hoax devices meant to resemble bombs, you could face charges for possessing/using false dangerous substances under 2C:39-3. This is a 3rd degree crime.

Penalties for Multiple Offenses

If you have a criminal record and commit multiple bomb threat offenses, penalties can become even more severe. Under a proposed bill in Congress, anyone with a prior record who is convicted of making bomb threats would face a mandatory minimum of 3 years in prison. Repeat offenders would face even stiffer mandatory minimum sentences of 5 years.

Defenses

There are situations where making statements that seem like threats could potentially be defended in court. For example, if the “threat” was clearly made in jest, or you had no actual intent or ability to carry it out. An experienced criminal defense lawyer may be able to argue that your statement didn’t constitute a “true threat” under the law.

Some other potential defenses include:

• You did not actually communicate a threat to anyone – it was private speech
• You were under duress or coerced into making the threat
• You retracted the threat and made clear you didn’t mean it
• The statement was too vague or ambiguous to be considered a real threat

An attorney may also be able to negotiate a plea deal to lesser charges like disorderly conduct if they can show mitigating circumstances.

Conclusion

At the end of the day, making fake bomb threats and hoaxes is not a light matter. New Jersey laws allow prosecutors to pursue felony charges like terroristic threats or false public alarms against anyone making these kinds of threats. The penalties can include years behind bars, massive fines, and a permanent criminal record. If charged, it’s critical to involve an experienced criminal defense lawyer right away to try to mitigate the charges and consequences. Just a little common sense can help people avoid getting into these situations in the first place. Think carefully before making any kind of threat, even if meant as a joke – claiming you didn’t really mean it is unlikely to get you off the hook once police and prosecutors get involved.