According to the law which went into effect on Oct. 1, 2016 championed by Sen. Hwang <See Below for Public Act and outline of penalties> THREATS TO SCHOOLS (ct.gov), school threats in Connecticut are considered felonies which would result in a prison sentence. When passed over 5 years ago, the new law received overwhelming bipartisan support and was backed by local school superintendents, law enforcement officials, and parents. Sen. Hwang introduced this concept as SB 246, which was folded into HB 5400 and passed as PA 16-67.
This week 8 New Haven schools, one school in Hamden and another in Norwich were impacted by a series of phoned-in and social media threats. additionally, Norwalk’s High School experienced 3 gun threats in the past 8 days. These threats caused schools to go into a lockdown and some to close for multiple school days. Sen. Tony Hwang (R-28) noted that school lockdowns and evacuations can have lasting traumatic and psychological consequences on the children and adults who endure them.
“Threats of violence against our schools are serious and felonious crimes. They are legally treated differently than our “threatening’ statutes. These threats to our schools in calls, emails and social media cause deep psychological traumas to students, teachers and parents. This disruption combined with the unsettling challenges of managing Covid school safety has added to the mental health crisis throughout our community, especially our young adults,” said Sen. Hwang.
Suspects in many of these recent threat incidents are 15 years old or younger, meaning that while they can still be charged and the process will be managed in the juvenile court system.
“While I am incredibly grateful that these recent incidents turned out to be only pranks, state and local law enforcement & judiciary officials are setting a dangerous precedent if these offenders are not prosecuted to the fullest extent under current law, to reinforce the serious danger and “zero tolerance” of these threats against schools, children and teachers. Student behavior and copycat actions can spread like wildfire with social media, unless a demonstrated and forceful criminal investigation and arrest and punishment of perpetrators occurs. Everyone must understand the heavy consequences they will face if they make a game out of school safety. The message is clear, this is not a funny prank or a harmless call for attention, there is “zero tolerance” for threats against schools. It is a crime and you will be caught and punished,” concluded Sen. Hwang.
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PA 16-67 (sHB5400)
- § 6-9 — THREATENING CRIMES
Penalties for School-Related Threats
By law, 1st degree threatening includes threats to commit a violent crime, or a crime using a hazardous substance, with intent to cause, or with reckless disregard of the risk of causing, (1) evacuation of a building, place of assembly, or public transportation facility; (2) serious public inconvenience for hazardous substance crimes; or (3) terror.
The bill increases the penalty for such 1st degree threatening, from a class D felony to a class C felony, if the threat was made with intent to cause the evacuation of a building or the grounds of a public or private preschool, school, or higher education institution during instructional hours or when the facility or the grounds are being used for school- or institution-sponsored activities.
By law, a class D felony is punishable by imprisonment for up to five years, a fine of up to $5,000, or both. A class C felony is punishable by imprisonment for one to 10 years, a fine of up to $10,000, or both.
By law, a person is guilty of 2nd degree threatening when he or she (1) by physical threat, intentionally places or attempts to cause someone to fear imminent serious physical injury or (2) threatens to commit a violent crime with intent to terrorize someone or in reckless disregard of the risk of doing so.
The bill increases the penalty for this crime, from a class A misdemeanor (punishable by imprisonment for up to one year, a fine of up to $2,000, or both) to a class D felony, if the threatened person was in the building or on the grounds of such a school facility during instructional hours or when the facility or the grounds is being used for school- or institution-sponsored activities.
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THE STATUTORY LANGUAGE CHANGE IN PA 16-67:
Sec. 6. Section 53a-61aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) A person is guilty of threatening in the first degree when such person (1) (A) threatens to commit any crime involving the use of a hazardous substance with the intent to terrorize another person, to cause evacuation of a building, place of assembly or facility of public transportation or otherwise to cause serious public inconvenience, or (B) threatens to commit such crime in reckless disregard of the risk of causing such terror, evacuation or inconvenience; (2) (A) threatens to commit any crime of violence with the intent to cause evacuation of a building, place of assembly or facility of public transportation or otherwise to cause serious public inconvenience, or (B) threatens to commit such crime in reckless disregard of the risk of causing such evacuation or inconvenience; [or] (3) commits threatening in the second degree as provided in section 53a-62, as amended by this act, and in the commission of such offense [he] such person uses or is armed with and threatens the use of or displays or represents by [his] such person’s words or conduct that [he] such person possesses a pistol, revolver, shotgun, rifle, machine gun or other firearm; or (4) violates subdivision (1) or (2) of this subsection with the intent to cause an evacuation of a building or the grounds of a public or nonpublic preschool, school or institution of higher education during preschool, school or instructional hours or when a building or the grounds of such preschool, school or institution are being used for preschool, school or institution-sponsored activities. No person shall be found guilty of threatening in the first degree under subdivision (3) of this subsection and threatening in the second degree upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.
(b) For the purposes of this section, “hazardous substance” means any physical, chemical, biological or radiological substance or matter which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health.
(c) Threatening in the first degree is a class D felony, except that a violation of subdivision (4) of subsection (a) of this section is a class C felony.
Sec. 7. Section 53a-62 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) A person is guilty of threatening in the second degree when: (1) By physical threat, such person intentionally places or attempts to place another person in fear of imminent serious physical injury, (2) (A) such person threatens to commit any crime of violence with the intent to terrorize another person, or [(3)] (B) such person threatens to commit such crime of violence in reckless disregard of the risk of causing such terror, or (3) violates subdivision (1) or (2) of this subsection and the person threatened is in a building or on the grounds of a public or nonpublic preschool, school or institution of higher education during preschool, school or instructional hours or when a building or the grounds of such preschool, school or institution are being used for preschool, school or institution-sponsored activities.
(b) Threatening in the second degree is a class A misdemeanor, except that a violation of subdivision (3) of subsection (a) of this section is a class D felony.
Sec. 8. (NEW) (Effective October 1, 2016) The Board of Pardons and Paroles shall grant an absolute pardon to any person who applies for such pardon with respect to a conviction of a violation of subdivision (4) of subsection (a) of section 53a-61aa of the general statutes, as amended by this act, or subdivision (3) of subsection (a) of section 53a-62 of the general statutes, as amended by this act, if (1) such person committed such offense prior to attaining the age of eighteen years, (2) at least three years have elapsed from the date of such conviction or such person’s discharge from the supervision of the court or the care of any institution or agency to which such person has been committed by the court, whichever is later, (3) such person has no subsequent juvenile proceeding or adult criminal proceeding that is pending, (4) such person has attained the age of eighteen years, and (5) such person has not been convicted as an adult of a felony or misdemeanor during the three-year period specified in subdivision (2) of this section.
Sec. 9. (NEW) (Effective October 1, 2016) Any individual who reports an act of threatening described in subdivision (4) of subsection (a) of section 53a-61aa of the general statutes, as amended by this act, shall have an absolute defense to any civil action brought as a result of having made such report, provided such individual exercised due care when making such report and at all times acted in good faith while making such report.
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