The Alabama House on Thursday passed a bill that removes the requirement that a threat be deemed “credible” to prosecute someone for making a terrorist threat in the second degree. The credible and imminent requirement remains for terrorist threats in the first degree.
The legislation does not change the underlying crime or the penalty for a first offense, which remains a misdemeanor. However, a second offense could be elevated to a Class D felony, a provision that drew significant discussion during floor debate.
House Bill 188, introduced by Representative Alan Baker, R-Brewton, is intended to address a growing number of hoax threats, particularly those targeting schools, that result in evacuations, lockdowns and major law enforcement responses but often go unpunished under current law.
Baker told lawmakers that district attorneys have struggled to bring charges when a threat could not be proven “credible and imminent,” even when the call prompted school closures, emergency sweeps of campuses and lingering fear among students, parents and staff.
“When a threat is called in, it has to be treated seriously until it’s proven otherwise,” said Baker.
He noted that investigations can take days, forcing schools to cancel classes or operate under heightened security, while many parents keep children home well after campuses reopen.
Under current law, prosecutors must show that the person making the threat had the ability to carry it out. Baker said this standard has prevented prosecutions in cases involving bomb threats or similar calls where no actual device existed.
Several lawmakers raised concerns that removing the “credible threat” requirement effectively lowers the burden of proof and could disproportionately affect young people who act impulsively. Some questioned whether students or former students making threats as pranks, dares, or jokes could face severe consequences for immature decisions.
Representative Napoleon Bracy, D-Prichard, warned that a second offense becoming a felony could follow someone for life, even when no physical harm occurred.
“Young people do stupid things sometimes,” said Bracy.
In response, Baker emphasized that the bill does not mandate prosecution and leaves charging decisions to prosecutorial discretion. He said district attorneys would retain the ability to consider age, intent, and mental health when determining whether to pursue charges.
“This does not force a DA into anything. It simply allows them to prosecute when appropriate,” said Baker.
HB188 now moves to the Senate Judiciary Committee for consideration.
