Threats of Violence in Minnesota (Minn. Stat. § 609.713)

In Minnesota, Threats of Violence (formerly known as Terroristic Threats) is a serious crime involving threats to commit violence against a person, group, or property. Even if no physical harm occurs, making a threat can still result in felony charges.

Types of Threats of Violence

1. Threatening to Commit a Violent Crime (Minn. Stat. § 609.713, Subd. 1)

• Making a direct or indirect threat to commit a crime of violence, such as:
  • Threatening to kill or seriously injure someone.
  • Threatening to shoot up a school or workplace.
• The threat must create a reasonable fear that the act will happen.
• Felony
  • Up to 5 years in prison
  • Fine up to $10,000

Example: Sending a text saying, “I’m going to kill you,” in a way that causes genuine fear.

2. Threats with the Intent to Terrorize (Minn. Stat. § 609.713, Subd. 1)

• Making a threat to cause fear, even if there was no actual intent to follow through.
• The prosecution does not need to prove that the defendant planned to act on the threat—just that the statement caused fear.
• Example: Jokingly saying, “I’m going to bomb this place,” but others take it seriously.

3. Threatening to Use an Explosive or Dangerous Device (Minn. Stat. § 609.713, Subd. 2)

• Making false bomb threats or claims about using an explosive.
• Can apply to threats made in person, over the phone, in writing, or online.
• Felony
  • Up to 3 years in prison
  • Fine up to $3,000

Example: Calling a school and falsely claiming there is a bomb on the premises.

4. Displaying a Replica Firearm to Threaten or Intimidate (Minn. Stat. § 609.713, Subd. 3)

• Showing or using a fake gun (such as a BB gun or airsoft gun) to cause fear.
• Gross Misdemeanor
  • Up to 1 year in jail
  • Fine up to $3,000

Example: Pointing a toy gun at someone to scare them.

Defenses to Threats of Violence Charges

• Lack of Intent – The statement was not meant as a threat (e.g., a joke or sarcasm).
• Lack of Reasonable Fear – The alleged victim did not actually fear for their safety.
• False Accusation – Someone falsely claims they were threatened.
• Free Speech – The statement is protected by the First Amendment (though threats of violence are usually not protected).