§40.1. Terrorizing; menacing

            A.(1) Terrorizing is the intentional communication of information that the commission of a crime of violence, as defined in R.S. 14:2(B), is imminent or in progress or that a circumstance dangerous to human life exists or is about to exist, with the intent of causing members of the general public to be in sustained fear for their safety; or causing evacuation of a building, a public structure, or a facility of transportation; or causing other serious disruption to the general public.

            (2) Whoever commits the offense of terrorizing shall be fined not more than fifteen thousand dollars or imprisoned with or without hard labor for not more than fifteen years, or both.

            (3) Whoever commits the offense of terrorizing a school property, a school-sponsored function, or a firearm-free zone shall be fined not more than fifteen thousand dollars or imprisoned at hard labor for not less than five nor more than fifteen years without the benefit of parole, probation, or suspension of sentence, or both.

            B.(1) Menacing is the intentional communication of information that the commission of a crime of violence, as defined in R.S. 14:2(B), is imminent or in progress or that a circumstance dangerous to human life exists or is about to exist, when committed under any of the following circumstances:

            (a) The actions of the offender cause members of the general public to be in sustained fear for their safety, and a reasonable person would have known that such actions could cause such sustained fear.

            (b) The actions of the offender cause the evacuation of a building, a public structure, or a facility of transportation, and a reasonable person would have known that such actions could cause an evacuation.

            (c) The actions of the offender cause any other serious disruption to the general public, and a reasonable person would have known that such actions could cause serious disruption to the general public.

            (2) Whoever commits the offense of menacing shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not more than two years, or both.

            (3) Whoever commits the offense of menacing a school property, a school-sponsored function, or a firearm-free zone shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not less than two years nor more than five years, or both.

            C. It shall be an affirmative defense that the person communicating the information provided for in Subsection A or B of this Section was not involved in the commission of a crime of violence or creation of a circumstance dangerous to human life and reasonably believed his actions were necessary to protect the welfare of the public.

            Acts 1985, No. 191, §1; Acts 1997, No. 1318, §2, eff. July 15, 1997; Acts 2001, No. 1112, §1; Acts 2008, No. 451, §2, eff. June 25, 2008; Acts 2022, No. 493, §1; Acts 2026, No. 619, §1.