How California Law May Punish Students Who Make Shooting Threats

Authorities can prosecute students for making a criminal threat.

How California Law May Punish Students Who Make Shooting ThreatsIn the wake of the recent mass shooting in Parkland, Florida, there has been an epidemic of threats in school districts across the country — including right here in California.  In late February, schools in Gregori, Modesto, Turlock and Sonora each received threats of school shootings from students, which prompted administrators to close down the schools.  While these threats may have been jokes (and not very funny ones, at that), administrators and local police know that they have to take them seriously in order to protect the safety of all students.

These threats are disturbing on a number of levels.  Parents and students are obviously concerned that a shooting could happen at their school.  It is also worrisome that students could threaten to shoot up their school, either as a joke or because they are angry or distressed for some reason.  Fortunately, none of these threats have resulted in actual shootings.  Other students have seen the messages, reported them to the appropriate authorities, and the situations have been investigated.  So what happens to the students who make these threats?

Under California law, making a threat to commit a school shooting could be prosecuted as a “criminal threat.”  A criminal threat is defined as threatening to kill or physically harm someone and (1) that person is placed in a state of reasonably sustained fear for his or her safety or for the safety of his or her immediate family; (2) the threat is specific and unequivocal; and (3) the threat is communicated verbally, in writing or via an electronically transmitted device.  Importantly, according to a criminal defense lawyer Riverside, CA, prosecutors do not have to prove that the person making the threat has the ability to carry out the threat, or even that he or she intends to carry out the threat.

If a student posts on social media that he is going to commit a mass shooting at his high school on a specific date, intending to target certain people, it may be charged as a criminal threat.  He is threatening to kill or harm someone, his threat is specific and unequivocal, and has been communicated in writing.  It does not matter if he actually intends to go through with the threat or if he even has guns to carry out a shooting.  However, as a criminal defense lawyer Riverside, CA can explain, what may matter is whether the intended targets of the threat are placed in a state of reasonably sustained fear as a result of the threat.  In this situation, if the threat was communicated via social media and the police had time to intervene, the supposed target may not have been in a state of “reasonably sustained fear.” and so a criminal defense lawyer Riverside, CA may be able to argue that the charge should be dismissed.

The crime of criminal threat is a wobbler, which means that a prosecutor can charge it as a felony or a misdemeanor, depending on the facts of the case and the defendant’s criminal history.  Punishment for a misdemeanor conviction includes up to one year in county jail, while a sentence for a felony conviction includes up to four years in the California state prison.  A conviction is considered a “strike” for purposes of California’s 3 strikes law.

Making a threat of any kind can lead to serious criminal charges.  Having a skilled criminal defense lawyer Riverside, CA is often necessary to defend yourself against overzealous prosecution.  Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.

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