CJI2d[NY] Penal Law § 490.20

The (specify) count is Making a Terroristic Threat.

Under our law, a person is guilty of Making a Terroristic Threat when with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination, or kidnapping, he or she threatens to commit or cause to be committed a specified offense and thereby causes a reasonable expectation or fear of the imminent commission of such offense.

It is no defense that the threat was not made to a person who was a subject of the threat. ¹

The following terms used in that definition have a special meaning:

A SPECIFIED OFFENSE includes (specify).² A person is guilty of (specify) when (read the applicable portion of the statutory definition of the crime).

Under our law, if the defendant threatened to commit or cause to be committed the offense of (specify), it is no defense that he/she did not have the intent or capability of committing it.

INTENT means conscious objective or purpose. Thus, a person acts with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination, or kidnapping, when his or her conscious objective or purpose is to do so. ⁴

In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, each of the following two elements:

1. That on or about (date), in the county of (county), the defendant (defendant’s name), threatened to commit, or to cause to be committed, the offense of (specify offense), thereby causing a reasonable expectation or fear of the imminent commission of that offense; and

2. That the defendant did so with the intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination or kidnapping.

If you find the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of this crime.

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