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VOLUME 7 - CHAPTER 77
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77 Table of Contents
77.14 Terrorist Threats
77.14.2 Terrorist Threats: Miscellaneous Issues
77.14.2.1 Terror And Terrorized: Defined
77.14.2.2 Terrorist Threats: Consideration Of Words And Circumstances
77.14.2.3 Terrorist Threats: Constitutional Challenge
FORECITE National™
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VOLUME 7 - CHAPTER 77
77.14.2.1 Terror And Terrorized: Defined
SAMPLE INSTRUCTION:
The word "terror" means an extreme fear or fear that agitates body and mind. "Terrorize" means to produce terror by violence or threats.
[See State v. Gunzelman (KS 1972) 502 P2d 705, 710; cf. PATTERN INSTRUCTIONS FOR KANSAS - CRIMINAL, PIK - Criminal 3d 53.00, [Definitions And Explanations Of Terms] p. 91 (Kansas Judicial Council, 1999 Supp.).]
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VOLUME 7 - CHAPTER 77
77.14.2.2 Terrorist Threats: Consideration Of Words And Circumstances
RATIONALE: The instructions should make it clear to the jury that all the words and circumstances must be considered in deciding whether the defendant made a threat.
POINTS AND AUTHORITIES: Whether a terroristic threat has been made must be measured by objective standard, that is, reasonableness of the victim's fear, giving due regard to the circumstances under which the statements were made. (Cesare v. Cesare (NJ 1997) 713 A2d 390, 394; see also People v. Martinez (CA 1997) 53 CA4th 1212, 1218 [62 CR2d 303]; State v. Miller (KS 1981) 629 P2d 748, 751 [to determine whether physical act, such as burning of cross on property of another, amounts to communication of terroristic threat, all circumstances surrounding the act, including relationship between involved parties, must be considered].)
RELATED FEDERAL MODEL INSTRUCTIONS:
See generally, FORECITE National™ 77.14.1.2 [Terrorist Threats: Federal Circuit Model Instructions And Notes].
SAMPLE INSTRUCTION:
In deciding whether the defendant made a threat as defined in these instructions, consider the words which were spoken and all of the surrounding circumstances.
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VOLUME 7 - CHAPTER 77
77.14.2.3 Terrorist Threats: Constitutional Challenge
PRACTICE NOTE: Although constitutional challenges to terrorist threat statutes have been rejected (see e.g., Wurtz v. Risley (9th Cir. 1983) 719 F2d 1438; People v. Fisher (CA 1993) 12 CA4th 1556, 1558-60 [15 CR2d 889]; State v. Ferrell (MT 1984) 679 P2d 224, 227-28), the United States Supreme Court has not yet resolved this question.