NRS § 202.448 – The Nevada Crimes of “Terrorists Threats”

Did you know a bad joke could land you in prison in Nevada?

If your words are misconstrued as terrorist threats, you face felony charges for violating Nevada Revised Statute § 202.448. If the threat involved an explosive, you would instead face prosecution for making a bomb threat.

Law enforcement takes very seriously any hint of sabotage or violence that could lead to substantial injury or destruction to the general population. Nevada’s terrorist laws are codified in Chapter 202 of Title 15 of the NRS, which spells out the elements and punishments for “Crimes Against Public Health and Safety.”

In this article, our Las Vegas criminal defense lawyers discuss the following terrorist threats topics:

• 1. Elements
• 2. Defenses
• 3. Penalties
• 4. Record Seals
• 5. Immigration Consequences
• Additional Resources

1. Elements

For you to be convicted of terrorist threats in Nevada, prosecutors would have to prove beyond a reasonable doubt that you issued a threat or false information concerning an act of terrorism with the intent to:

• Injure, intimidate or alarm any person, or
• Cause panic or civil unrest, or
• Extort or profit, or
• Interfere with the operations of – or cause economic or other damage to – any person or any division of government.

It does not matter whether the threat actually resulted in any harm. Merely communicating a threat with the intent to cause injury, panic, profit or destruction qualifies as criminal activity.¹ Examples include:

• Calling in a threat to a concert, mall, school, or place of worship,
• Sending a threatening letter to city hall, or
• Texting threats of harm to Planned Parenthood.²

Note that in California, this offense is commonly called “criminal threats” (Penal Code 422 PC) rather than “terrorist threats.”

Meaning of “Terrorism”

NRS 202.4439 defines “terrorist” as anyone who intentionally commits, causes, aids, furthers or conceals an act of terrorism (or attempts to do so).

An “act of terrorism,” in turn, is defined by NRS 202.4415 as any act that involves the use – or attempted use – of sabotage, coercion or violence which is intended to either:

• Cause great bodily harm or death to the general population or
• Cause substantial destruction, contamination or impairment of:
  • any building or infrastructure, communications, transportation, utilities or services,or
  • any natural resource or the environment.

Therefore, terrorist threat charges are reserved for very serious situations that may affect the community at large. Threats targeted at a single person typically do not qualify.³

2. Defenses

Which defenses would be most effective in fighting charges of violating NRS 202.448 depend on the facts of the case. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries.

(Note that it is not a defense to NRS 202.448 allegations that nobody was physically harmed.)

1) You Had No Malicious Intent

This is an effective defense because prosecutors cannot get inside of your head to definitively prove what you were thinking. As long as there is a reasonable doubt, criminal charges cannot stand.

Example: While at a restaurant, Jack makes a bad joke to his wife how he hates air travel so much he is going to hijack his next flight. Someone at the next table overhears and calls the police. The police decide not to arrest Jack when they determine he had no intent to alarm anyone.

2) The Allegations Are False

Perhaps someone falsely accused you out of revenge, anger or an innocent misunderstanding.

In these cases, we pore over the accuser’s electronic communications in search of their motivations to lie. We can then use this evidence to impeach their credibility.

Afterwards, the accuser can face criminal charges for filing a false police report in Nevada.

3) You Engaged in Protected Speech

NRS 202.448 is not meant to curtail you from speaking freely or from having emotional outbursts to your physicians, mental health therapists, and attorneys. As long as we can show your actions fall under your First Amendment protections, your case should be dropped.

Example: Jim is an inmate at Clark County Detention Center. During a session with the jail psychotherapist, he cries over his abusive childhood and said that he dreams of shooting up his old high school when he gets out. The psychotherapist reports this to the warden, and prosecutors arrest him for making a terrorist threat. Though the judge in the case determines that the context of Jim’s words – an emotional therapy session – protects his speech from prosecution.⁴

3. Penalties

Violating NRS 202.448 is prosecuted as a category B felony in Nevada. The punishment may include:

• 2 to 20 years in Nevada State Prison, and
• Up to $5,000 in fines (at the judge’s discretion).

Judges may also order community service, counseling, or other rehabilitative services.

When determining the sentence, judges consider the circumstances surrounding the alleged threat such as:

• Your motivation,
• The nature of the threats, and
• The extent of the damage done.⁵

Note that minors (under 18 years old) accused of terrorist threats may have their case prosecuted in juvenile court, though prosecutors can request that they be tried as adults.

Plea Bargains

Depending on the case, D.A.s may try to avoid trial by offering to reduce NRS 202.448 charges down to:

• Reckless endangerment, which can be either a category C felony or a gross misdemeanor, or
• Breach of peace, which is only a misdemeanor.

4. Record Seals

Nevada law is unclear regarding the waiting period to seal terrorist threats convictions.

If violating NRS 202.448 is not considered a “crime of violence,” then a conviction may be sealed five years after the case ends.⁷ Otherwise, it may be sealed 10 years after the case ends.

Certainly, we would try to argue that making terrorist threats is not a crime of violence and is therefore able to be sealed after only five years.

If the charge gets dismissed (meaning you do not get convicted), there is no waiting period to pursue a seal. Learn more about how to seal Nevada criminal records.⁸

5. Immigration Consequences

Making a terrorist threat is a deportable offense because it is a crime involving moral turpitude.⁹

Therefore, non-U.S.-citizens who are accused of violating NRS 202.448 should hire an attorney to attempt to get the charge dismissed or else switched to a non-deportable crime.

Additional Resources

For more information, refer to the following:

• Southern Nevada Counter Terrorism Center (SNCTC) – A fusion center that collects, analyzes, and shares intelligence to prevent and respond to terrorist and criminal activities in the Las Vegas area, hosted by the Las Vegas Metropolitan Police Department.
• Threats and Hazards Information for Nevada – Information by Nevada’s Department of Emergency Management about the Threat and Hazard Identification and Risk Assessment (THIRA) process, which aids communities identify and address risks.
• Reporting Suspicious Activity in Nevada – Contact information provided by the U.S. Department of Homeland Security.
• Federal Bureau of Investigation (FBI) – Counterterrorism Division – The FBI’s Counterterrorism Division works to detect, deter, and disrupt terrorist threats to the United States, offering information on its efforts, most wanted terrorists, and related news.
• Central Intelligence Agency (CIA) – Terrorist Organizations – The CIA provides insights on global threats, including terrorism, offering analysis, reports, and the agency’s approach to counteracting terror activities.

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