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Committee approves new felony for threats of mass violence on school property; debate centers on mens rea and discretion

JUDICIARY COMMITTEE - SENATE · April 3, 2019
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Summary

The committee passed a bill creating a class C felony for knowingly encouraging or threatening mass violence on school property when it reasonably places others in fear, while members debated First Amendment and prosecutorial-discretion concerns.

The Judiciary Committee approved House Bill 17-33, creating a criminal offense for encouraging or threatening acts of mass violence on school property that reasonably place others in fear and raising the penalty in some cases to a class C felony.

Representative Gazzaway said the statute is narrowly targeted: it applies when a threat to cause physical injury or death to more than two people on school…

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