SB 1296

This bill provides that, generally, a person commits a Class E felony if the person recklessly, by any means of communication, threatens to commit an act that a reasonable person would conclude could lead to the serious bodily injury or death of four or more persons ("mass violence"") and the threat causes another to reasonably expect the commission of suc h an act. However, the classification increases to a Class D felony if any of the following applies:  The violation involves a threat to commit an act of mass violence on the property of a school; on the property of a house of worship; on the property of a federal, state, or local government; or at a live performance or event.  The defendant has one or more prior convictions for a violation of this bill or offenses relative to threats of mass violence on school property or at school-related activities.  The defendant intentionally engages in substantial conduct to prepare for or carry out the threatened act. As used in this bill, a ""school"" means a public or private day school, preschool, elementary school, middle school, high school, college of applied te chnology, postsecondary vocational or technical school, or two-year or four-year college or university. In addition to any other penalty authorized by law, this bill authorizes a sentencing court to order a person convicted of violating this bill to pay restitution, including costs and damages resulting from the disruption of the normal activity that would have otherwise occurred but for the threat to commit an act of mass violence. POSTING INFORMATION ON WEBSITES This bill provides that a person commi ts an offense who posts on a publicly accessible website the telephone number or home address of an individual with the intent to cause harm or a threat of harm to the individual or a member of the individual's family or household. However, this provisio n does not apply to a public servant who posts such information in the performance of the public servant's duties as required by or in accordance with state or federal law. As used in this provision, ""harm"" means bodily injury or damage to property. Gene rally, this bill classifies such an offense as a Class B misdemeanor. However, the offense increases to a Class A misdemeanor if the offense results in harm to (i) the individual whose telephone number or home address was posted on a publicly accessible w ebsite; or (ii) a member of the individual's family or household. ON APRIL 14, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1314, AS AMENDED. AMENDMENT #1 revises one of the factors under which the offense of recklessly threatening to commit an act of mass violence will be enhanced to a Class D felony. Instead of enhancing the offense classification if t he defendant intentionally engages in substantial conduct to prepare for or carry out the threatened act, including, but not limited to, gathering weapons, ammunition, body armor, vehicles, or materials required to manufacture a weapon of mass destruction, this amendment enhances the offense t o a Cl ass D felony if t he defendant knowingly: ( 1 ) Takes a substantial step toward the execution of the threatened act, including, but not limited to, acquiring, constructing, or assembling resources, equipment, or materials that could be used to carry out the threatened act; and ( 2 ) Engages in preparatory actions such as developing plans, creating schematics, conducting surveillance, or researching methods for execution of the threatened act."