Despite the similar names, terroristic threatening and terroristic act are two very different offenses under Arkansas law. Terroristic threatening concerns threats made with the purpose of terrorizing another person. Terroristic act concerns specified conduct directed at a conveyance or occupiable structure — generally involving a firearm, but potentially including other projected objects. The penalty gap between them runs from a Class A misdemeanor to a Class Y felony carrying up to life in prison, and neither charge has anything to do with terrorism in the political sense.
If you’ve been charged with either, here’s what the State actually has to prove, how the two offenses differ, and where these cases are most often defended.
The Short Version
Terroristic threatening (§ 5-13-301) is a threat made with the purpose of terrorizing someone — a misdemeanor or Class D felony depending on what was threatened. Terroristic act (§ 5-13-310) is shooting at, or projecting an object at, an occupied vehicle or an occupiable structure — a Class B felony, or a Class Y felony if someone is seriously injured or killed. The names sound alike. The exposure is not remotely alike.
Terroristic Threatening: The Words Offense
Under Ark. Code § 5-13-301, terroristic threatening comes in two degrees. Both require that the person act with the purpose of terrorizing another person.
| Degree | What Was Threatened | Classification |
|---|---|---|
| First Degree § 5-13-301(a) |
Death, serious physical injury, or substantial property damage to another person — or physical injury or property damage to a teacher or school employee acting in the line of duty | Class D felony Up to 6 years |
| Second Degree § 5-13-301(b) |
Physical injury or property damage to another person | Class A misdemeanor Up to 1 year |
The line between the degrees is the severity of what was threatened. “I’ll kill you” is first-degree territory. “I’ll punch you” or “I’ll key your car” is generally second degree. Upon pretrial release in a terroristic threatening case, the court is required to enter a no-contact order.
What Arkansas Courts Have Said About Threats
A few points from Arkansas appellate decisions shape how these cases actually play out:
- The threat doesn’t have to be spoken. Courts have held that a terroristic threat need not be explicit or verbal. Texts, social media posts, voicemails, and conduct can all qualify.
- The threat doesn’t have to reach the target directly. The gist of the offense is communication, not utterance — a threat relayed through a third person can support a charge (Knight v. State).
- The target doesn’t have to actually be frightened. The focus is on the defendant’s purpose, not the victim’s reaction.
- But the purpose must be to terrorize. Arkansas courts describe the required intent as the purpose of filling the victim with intense fright. That’s a demanding mental state — and it’s where most defenses live.
Terroristic Act: The Shooting Offense
Under Ark. Code § 5-13-310, a person commits a terroristic act if, while not in the commission of a lawful act, the person:
- Shoots at or in any manner projects an object at a conveyance being operated or occupied by another person, with the purpose to cause injury to another person or damage to property; or
- Shoots at an occupiable structure with the purpose to cause injury to a person or damage to property.
Note the difference in the statutory text: the conveyance provision requires a vehicle that is being operated or is occupied, while the structure provision refers to an occupiable structure. And “projects an object” is broader than firearms — throwing a brick or rock at an occupied car can qualify.
Standard Terroristic Act
Class B Felony
5 to 20 years in prison and up to $15,000 in fines.
Serious Injury or Death
Class Y Felony
10 to 40 years or life — when, with the purpose of causing physical injury, the person causes serious physical injury or death to any person.
Sentencing Under the Protect Arkansas Act
Terroristic act is one of the offenses designated a restricted release felony under the Protect Arkansas Act (Act 659 of 2023). For offenses committed on or after January 1, 2025, that generally means serving at least 85% of the sentence before release eligibility — and that designation applies to both the Class B and Class Y versions. A 10-year sentence becomes at least 8.5 years served. The 85% figure is a general minimum: a defendant with a prior conviction for a restricted release felony, or for a felony ineligible for earned release credits, can face a 100% requirement. The Class Y version also appears on Arkansas’s serious violent felony list for habitual offender purposes.
What Arkansas Courts Have Said About Terroristic Act
- The intent is about injury or damage, not the vehicle. Courts have held that the State need not prove an intent to shoot at the vehicle — the required purpose is to cause injury to a person or damage to property. Shooting at a person seated in a car is shooting at the car.
- “While not in the commission of a lawful act” preserves justification defenses. The Arkansas Supreme Court has explained that this phrase was intended to protect people who were legally justified — such as those acting in self-defense (Jackson v. State). The defendant must first produce evidence supporting justification. Once that evidence is in, the State must overcome the defense beyond a reasonable doubt — a very different burden from a statutory affirmative defense, which the defendant generally must prove by a preponderance of the evidence.
- Multiple counts can arise from one incident. Arkansas appellate courts have affirmed separate terroristic act convictions arising from a single shooting — in Shelton v. State, counts concerning two people and a vehicle. Whether separate counts are proper in a given case still depends on the particular acts, the alleged harms, and the unit of prosecution — but exposure can stack quickly.
Side-by-Side Comparison
| Terroristic Threatening | Terroristic Act | |
|---|---|---|
| Statute | § 5-13-301 | § 5-13-310 |
| Core conduct | A threat | Shooting or projecting an object at an occupied conveyance or occupiable structure |
| Required purpose | To terrorize another person | To cause injury to a person or damage to property |
| Classification | Class A misdemeanor (2nd degree) or Class D felony (1st degree) | Class B felony, or Class Y with serious injury or death |
| Protect Arkansas Act (offenses on/after 1/1/2025) | Not a restricted release felony | Restricted release (both Class B and Class Y) — generally at least 85% served |
Where These Charges Come From
In criminal defense practice, terroristic threatening charges commonly arise in a few recurring settings, often alongside other allegations:
- Domestic disputes — angry words during an argument are frequently charged as threats, often paired with domestic battery allegations
- Text messages and social media — a written record makes these cases easier to file, but context, tone, and surrounding messages matter
- Neighbor and workplace conflicts
- School-related statements — threats against teachers and school employees are first-degree offenses, and a separate statute (§ 5-13-302) makes threatening mass violence on school property a Class C felony
Terroristic act charges typically arise from shootings at vehicles or houses, and frequently come stacked with aggravated assault, battery, criminal mischief, or firearm possession charges.
Common Defenses
No Purpose to Terrorize
Venting, hyperbole, jokes, and words spoken in anger without the purpose of filling someone with intense fright don’t meet the mental state the statute requires.
Context of the Communication
A single screenshotted text can look very different alongside the full conversation. Complete message histories frequently change the picture.
Degree Reduction
Whether the threat was of death or serious injury (felony) or ordinary injury (misdemeanor) is often genuinely disputed — and the difference is a felony record.
Justification
For terroristic act, the “not in the commission of a lawful act” language preserves self-defense and other justification defenses.
Identity
Shooting cases often rest on partial descriptions, vehicle descriptions, or a single witness. Misidentification is a real issue.
Witness Credibility
Threat cases often come down to one person’s account of what was said. Motives, inconsistencies, and prior statements matter.
Collateral Consequences
Even a misdemeanor terroristic threatening conviction carries weight beyond the sentence. Under Arkansas’s stalking statute, a terroristic threatening or terroristic act conviction within the previous ten years can elevate a later stalking charge to first-degree stalking, a Class B felony. A conviction can also affect employment, professional licensing, and — in domestic cases — custody and protective order proceedings. Firearm consequences depend on the specific conviction: a first-degree felony conviction triggers felon-in-possession restrictions, while a misdemeanor conviction does not automatically carry the same prohibition unless another disqualification, such as a qualifying domestic-violence conviction, applies.
The Bottom Line
Terroristic threatening is about words spoken with the purpose of terrorizing. Terroristic act is about shooting or throwing something at an occupied vehicle or occupiable structure. The first is often defensible on intent and context; the second carries Class B or Class Y exposure with at least 85% of any prison sentence served. Neither should be treated casually — and in both, the charge filed doesn’t always match what the evidence can actually prove.
Charged With Terroristic Threatening or Terroristic Act?
These charges turn on purpose, context, and exactly what was said or done. The full message history, the complete witness picture, and the right degree classification can change the outcome dramatically.
This post is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Wesley Rhodes, Attorney at Law. Laws and procedures change; the information above reflects Arkansas law as of the date of publication. If you need legal advice about your specific situation, consult a qualified criminal defense attorney promptly.