[§707-717]  Terroristic threatening in the
second degree.  (1)  A person commits the offense of terroristic
threatening in the second degree if the person commits terroristic threatening
other than as provided in section 707-716.



(2)  Terroristic threatening in the second
degree is a misdemeanor. [L 1979, c 184, pt of §1(2); gen ch 1993]



 



Case Notes



 



  Not a lesser included offense of attempted extortion in the
second degree.  70 H. 456, 776 P.2d 392.



  The requirement of a "true threat" jury instruction
is not limited to terroristic threatening prosecutions that are based solely
upon verbal conduct, but rather applies in all such prosecutions, whether the
threat is proved by evidence of verbal expression, motor behavior, or a
combination thereof.  106 H. 136, 102 P.3d 1034.



  Terroristic threatening in second degree can be an offense
included in terroristic threatening in first degree; trial court's failure to
instruct jury on the lesser included offense was not plain error, where
defendant contended there was a rational basis in the record for jury to decide
that, although defendant made a terroristic threat, defendant did not do so
with a dangerous instrument as defined in §707-700.  10 H. App. 584, 880 P.2d
213.



  Defendant's words, yelling at dirt bikers to get off
defendant's land, combined with defendant's conduct of repeatedly discharging
defendant's shotgun, were sufficient evidence to sustain defendant's conviction
under this section.  106 H. 62 (App.), 101 P.3d 671.



 



COMMENTARY ON §§707-716 AND 717



 



  Act 184, Session Laws 1979, upgraded the offense of
terroristic threatening from a misdemeanor to a class C felony in four
aggravated situations.  The Legislature felt that raising the penalty would
provide an incentive for vigorous prosecution and act as a deterrent against
such offenses.  House Standing Committee Report No. 673.  For discussion of a
"common scheme" under §707-716, see Senate Standing Committee Report
No. 902.



  Act 131, Session Laws 1989, amended §707-716 to establish the
offense of terroristic threatening of an educational worker to make our school
environments safer and to better enable prosecuting attorneys to obtain
convictions.  Senate Standing Committee Report No. 998.



  Act 230, Session Laws 2006, amended §707-716(1) to limit the
charge of terroristic threatening in the first degree against a public servant
to actions arising out of the performance of the public servant's official
duties.  House Standing Committee Report No. 665-06.



  Act 79, Session Laws 2007, amended §707-716(1) by
establishing a criminal offense of terroristic threatening in the first degree
if a person commits terroristic threatening against any emergency medical
services personnel [engaged in the performance of duty].  The legislature found
that emergency medical services personnel are at a heightened risk of personal
injury or death from patients and others with whom they are in contact in the
course of their work.  By the very nature of the job, emergency medical
services personnel respond to people in distressful situations, which include
incidences of criminal violence, family disputes, and drunken brawls.  Although
the legislature acknowledged that much of the violence promulgated from
explosive situations involving agitated people who lack momentary self-control,
the legislature believed that emergency medical [services] personnel should be
afforded the same protection as correctional workers and educational workers.  Senate
Standing Committee Report No. 1244.