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

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 property reasonably causes fear for safety. He and other sponsors said the bill differs from existing terroristic-threatening statutes because it focuses on the reaction of a reasonable person rather than the defendant's subjective intent alone.

Several senators voiced concerns about over-criminalizing jokes or offhand online remarks. Senator Ballinger described a local example of a student whose online comments led to suspension and cautioned that making a single remark criminal could have life-long consequences. Representative Gazzaway said the statute retains a mens rea element — the actor must act knowingly — and that prosecutors retain discretion to charge appropriate lesser offenses when warranted.

Supporters cited an increased need for deterrence in the modern environment of social media-driven mass-hysteria and school safety risks; opponents warned about selective or heavy-handed charging. Senator Cooper asked about whether prosecutors can choose lesser charges in practice; sponsors answered that lesser offenses (disorderly conduct or terroristic threatening) remain available.

The committee adopted the bill after debate and moved it forward by voice vote.

Speakers quoted above are taken from committee testimony.