what is terroristic threatening in the third degree?

Kentucky’s terroristic threatening statute, KRS 508.080, covers two general kinds of threats – threats to a specific person or his property, and threats used to cause public evacuations of buildings and other structures. Unlike the offense of "menacing,"¹ the victim (or victims) does not have to be placed in reasonable apprehension of immediate injury² – in fact, the offense can be committed even if the victim has no knowledge of the threat³.

KRS 508.080(1)(a) covers the most commonly encountered form of terroristic threatening and requires (1) a threat to commit any crime, which is (2) likely to result in death, serious physical injury, or substantial property damage to another person. "Crime" means any misdemeanor or felony⁴. "Person" includes any human being, corporation, partnership or governmental authority⁵. "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ⁶."Physical injury" means substantial physical pain or any impairment of a physical condition⁷.

KRS 580.080(2) covers the "public threat," and makes it an offense for a person to intentionally make false statements for the purpose of causing evacuation of a building, place of assembly, or facility of public transportation. Phoning in a bomb threat to a school, or shouting "fire" in a crowded theatre immediately come to mind as examples.

Terroristic threatening is a Class A misdemeanor punishable by up to 12 months in jail and/or up to a $500 fine.