Juvenile Terroristic Threats in NJ

Juvenile Terroristic Threats in New Jersey

Making threats, especially involving violence or harm, is never okay. But when those threats come from juveniles, it enters a complicated legal area. New Jersey has laws specifically dealing with terroristic threats made by juveniles. This article will break down what constitutes a terroristic threat, penalties juveniles may face, and defenses that could help.

What is a Terroristic Threat in New Jersey?

New Jersey’s terroristic threats law is contained in N.J.S.A. 2C:12-3. It states that anyone who “threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience” is guilty of a crime.

This covers threats made against a single person, group of people, or threats regarding a building or public area. Threats can be made verbally, in writing, through social media, texts, emails, etc. Simply making the threat is enough for charges, even if the person did not intend to actually commit violence.

Penalties for Juveniles

For juveniles, terroristic threats are typically considered a 3rd degree crime. This can mean up to 5 years in juvenile detention. However, penalties can increase if the threat involves a school.

Threats involving schools may be 2nd degree crimes with up to 10 years detention. Threats can also be upgraded to 2nd degree if the juvenile has a prior record of similar offenses.

Defenses for Juveniles

When representing a juvenile charged with making threats, a defense attorney will aim to avoid detention if possible. Some potential defenses include:

• Lack of intent – Showing the juvenile did not mean the threat or intend to terrorize others. Perhaps it was an ill-advised joke or hyperbole not meant to be taken seriously.
• Free speech – Arguing the threat was protected free speech under the First Amendment. However, true threats are not protected speech.
• Mental health – Raising issues like developmental delays, mental illness, or neurodiversity that impacted the juvenile’s judgment.
• False accusations – Claiming the juvenile never actually made the threats in question.
• Coercion – Arguing an adult pressured the juvenile into making the threat.

Even if detention seems likely, a lawyer can advocate for reduced time, counseling, and rehabilitation services to address underlying factors.

Recent Cases

Several recent cases highlight how terroristic threats charges apply to juveniles:

• In September 2023, a 16-year-old New Brunswick boy was charged after allegedly making online threats towards a school administrator. The threats contained antisemitic language.
• In February 2018, a Franklin Township juvenile faced charges after threats involving a school shooting. The teen had allegedly shown classmates a map of the school marked with locations for a shooting.
• In December 2021, a Brick middle school student was charged after threats involving bringing a gun to school. The threats were made verbally to other students.

These cases show juveniles do face real consequences for making threats. But outcomes can vary based on the circumstances and defense.

Implications for Juveniles

Terroristic threat charges can drastically impact a juvenile’s future. A criminal record makes things like college admission, financial aid, jobs, housing, and military service much harder. Detention also disrupts education and social development.

However, rehabilitation and counseling can help prevent recidivism. Juveniles who show remorse and change may petition for early release and record expungement. Overall, the goal should be accountability and rehabilitation, not punishment.

Preventing Juvenile Threats

Parents and schools need better strategies to prevent threats before they occur. Possible steps include:

• Discussing the seriousness of threats and potential consequences with kids
• Encouraging kids to report concerning behavior by peers
• Providing counseling and emotional support to troubled juveniles
• Monitoring juveniles’ social media and online activity
• Creating anonymous tip lines for reporting threats
• Improving school climate around bullying and peer relations

When threats do occur, a swift but thoughtful response is needed. Involving mental health professionals can help assess credibility and identify any underlying disorders or abuse. A punitive-only approach often backfires by breeding resentment.