§ 2706. Terroristic threats.
(a) Offense defined.--A person commits the crime of terroristic threats if the person communicates, either
directly or indirectly, a threat to:
(1) commit any crime of violence with intent to terrorize another;
(2) cause evacuation of a building, place of assembly or facility of public transportation;
or
(3) otherwise cause serious public inconvenience, or cause terror or serious public inconvenience
with reckless disregard of the risk of causing such terror or inconvenience.
(b) Restitution.--A person convicted of violating this section shall, in addition to any other sentence
imposed or restitution ordered under 42 Pa.C.S. § 9721(c) (relating to sentencing
generally), be sentenced to pay restitution in an amount equal to the cost of the
evacuation, including, but not limited to, fire and police response; emergency medical
service or emergency preparedness response; and transportation of an individual from
the building, place of assembly or facility.
(c) Preservation of private remedies.--No judgment or order of restitution shall debar a person, by appropriate action, to
recover from the offender as otherwise provided by law, provided that any civil award
shall be reduced by the amount paid under the criminal judgment.
(d) Grading.--An offense under subsection (a) constitutes a misdemeanor of the first degree unless
the threat causes the occupants of the building, place of assembly or facility of
public transportation to be diverted from their normal or customary operations, in
which case the offense constitutes a felony of the third degree.
(e) Definition.--As used in this section, the term "communicates" means conveys in person or by written
or electronic means, including telephone, electronic mail, Internet, facsimile, telex
and similar transmissions.
(June 18, 1998, P.L.534, No.76, eff. 60 days; Dec. 15, 1999, P.L.915, No.59, eff.
60 days; June 28, 2002, P.L.481, No.82, eff. 60 days)
2002 Amendment. Act 82 amended subsecs. (b), (c) and (d).
1999 Amendment. Act 59 amended subsec. (a) and added subsecs. (d) and (e).
Cross References. Section 2706 is referred to in sections 911, 2711, 5708, 9122.1 of this title; section
5329 of Title 23 (Domestic Relations); section 5552 of Title 42 (Judiciary and Judicial
Procedure); section 1532 of Title 75 (Vehicles).
Notes of Decisions
Commonwealth v. Knox, J., Aplt., 190 A.3d 1146 (Pa. 2018).
· cites it 6× “18 Pa.C.S. §2706(a)(1). The Crimes Code defines witness intimidation as follows: (a) Offense defined.”
Commonwealth v. Magliocco, 883 A.2d 479 (Pa. 2005).
· cites it 6× “Magliocco was charged with PIC, ethnic intimidation, and Terroristic Threats, 18 Pa.C.S. § 2706. On February 2, 2000, Magliocco was tried without a jury before the Honorable Joan A.”
Commonwealth v. Ostrosky, 909 A.2d 1224 (Pa. 2006).
· cites it 6× “§ 4953; two counts of terroristic threats, 18 Pa.C.S. § 2706; one count of disorderly conduct, 18 Pa.”
Commonwealth v. Reynolds, 835 A.2d 720 (Pa. Super. Ct. 2003).
· cites it 3× “§ 2705), terroristic threats (18 Pa.C.S. § 2706(a)(1)), and simple assault (18 Pa.”
Com. v. Conley, B., 286 A.3d 313 (Pa. Super. Ct. 2022).
· cites it 8× “at 14-15 (quoting 18 Pa.C.S. § 2706). Appellant contends that because he committed a single act, these two offenses should have merged.”
Commonwealth v. Holguin, 385 A.2d 1346 (Pa. Super. Ct. 1978).
· cites it 9× “Appellant next contends that the Commonwealth failed to produce sufficient evidence to convict him of making terroristic threats pursuant to 18 Pa. C.S. § 2706. This section provides: “A person is guilty of a misdemeanor of the first degree if he threatens to commit any crime of…”
Commonwealth v. Bullock, 170 A.3d 1109 (Pa. Super. Ct. 2017).
· cites it 2× “]” 18 Pa.C.S. § 2706(a)(1). “[T]he term ‘communicates’ means conveys in person or by written or electronic means[.”
Commonwealth v. Kline, 201 A.3d 1288 (Pa. Super. Ct. 2019).
· cites it 4× “The harm sought to be prevented is the psychological distress which follows from an invasion of another's sense of personal security.”
United States v. Mahone, 662 F.3d 651 (3rd Cir. 2011).
· cites it 10× “But he asserted that his base offense level should have been only 20 because his 1994 conviction under Pennsylvania law for making terroristic threats in violation of 18 Pa. Cons.Stat. § 2706 did not qualify as a COV.”
United States v. Gregory Brown, 765 F.3d 185 (3rd Cir. 2014).
· cites it 4× “§ 2702; (2) a 2004 conviction for making terroristic threats, in violation of 18 Pa. Cons.Stat. § 2706; (3) a 2005 conviction also for making terroristic threats, in violation of § 2706; and (4) a 2005 conviction for retaliating against a judicial officer, in violation of 18 Pa.”
Jhonathan Victoria Javier v. Attorney Gen. United States, 826 F.3d 127 (3rd Cir. 2016).
· cites it 4× “§ 6108 , and for making terroristic threats, in violation of 18 Pa. Cons. Stat. § 2706 (a)(1). He was convicted of both charges in the Court of Common Pleas of Philadelphia County, Pennsylvania, in March 2014.”
Commonwealth v. Sinnott, 976 A.2d 1184 (Pa. Super. Ct. 2009).
· cites it 5× “2d at 1358 (citing 18 Pa.C.S. § 2706, Official Comment). Nevertheless, “[b]eing angry does not render a person incapable of forming the intent to terrorize.”
— 18 Pa. Cons. Stat. § 2706(1)(1) — 1 case
— 18 Pa. Cons. Stat. § 2706(A)(1) — 1 case
— 18 Pa. Cons. Stat. § 2706(a) — 29 cases
Commonwealth v. Ostrosky, 909 A.2d 1224 (Pa. 2006).
“§ 4953; two counts of terroristic threats, 18 Pa.C.S. § 2706; one count of disorderly conduct, 18 Pa.”
Commonwealth v. Sinnott, 976 A.2d 1184 (Pa. Super. Ct. 2009).
“2d at 1358 (citing 18 Pa.C.S. § 2706, Official Comment). Nevertheless, “[b]eing angry does not render a person incapable of forming the intent to terrorize.”
United States v. Gregory Brown, 765 F.3d 185 (3rd Cir. 2014).
“§ 2702; (2) a 2004 conviction for making terroristic threats, in violation of 18 Pa. Cons.Stat. § 2706; (3) a 2005 conviction also for making terroristic threats, in violation of § 2706; and (4) a 2005 conviction for retaliating against a judicial officer, in violation of 18 Pa.”
— 18 Pa. Cons. Stat. § 2706(a)(1) — 272 cases
Commonwealth v. Knox, J., Aplt., 190 A.3d 1146 (Pa. 2018).
“18 Pa.C.S. §2706(a)(1). The Crimes Code defines witness intimidation as follows: (a) Offense defined.”
Commonwealth v. Reynolds, 835 A.2d 720 (Pa. Super. Ct. 2003).
“§ 2705), terroristic threats (18 Pa.C.S. § 2706(a)(1)), and simple assault (18 Pa.”
Com. v. Conley, B., 286 A.3d 313 (Pa. Super. Ct. 2022).
“at 14-15 (quoting 18 Pa.C.S. § 2706). Appellant contends that because he committed a single act, these two offenses should have merged.”
Commonwealth v. Bullock, 170 A.3d 1109 (Pa. Super. Ct. 2017).
“]” 18 Pa.C.S. § 2706(a)(1). “[T]he term ‘communicates’ means conveys in person or by written or electronic means[.”
— 18 Pa. Cons. Stat. § 2706(a)(2) — 1 case
— 18 Pa. Cons. Stat. § 2706(a)(3) — 19 cases
Commonwealth v. Knox, J., Aplt., 190 A.3d 1146 (Pa. 2018).
“18 Pa.C.S. §2706(a)(1). The Crimes Code defines witness intimidation as follows: (a) Offense defined.”
Commonwealth v. Sinnott, 976 A.2d 1184 (Pa. Super. Ct. 2009).
“2d at 1358 (citing 18 Pa.C.S. § 2706, Official Comment). Nevertheless, “[b]eing angry does not render a person incapable of forming the intent to terrorize.”
— 18 Pa. Cons. Stat. § 2706(a)(I) — 1 case
— 18 Pa. Cons. Stat. § 2706(a)(l) — 5 cases
— 18 Pa. Cons. Stat. § 2706(c) — 1 case
— 18 Pa. Cons. Stat. § 2706(d) — 5 cases
— 18 Pa. Cons. Stat. § 2706(e) — 8 cases
Commonwealth v. Bullock, 170 A.3d 1109 (Pa. Super. Ct. 2017).
“]” 18 Pa.C.S. § 2706(a)(1). “[T]he term ‘communicates’ means conveys in person or by written or electronic means[.”
Commonwealth v. Kline, 201 A.3d 1288 (Pa. Super. Ct. 2019).
“The harm sought to be prevented is the psychological distress which follows from an invasion of another's sense of personal security.”
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