Many people assume that a threat only matters legally if it’s followed by real-world violence, but Pennsylvania law treats the words themselves as a serious crime. Yes, it is illegal to threaten someone online in Pennsylvania, even without any physical contact. State law specifically covers threats made through electronic communication, meaning a text, email, social media post, or online message can carry the same criminal weight as a threat delivered in person.
The Statute: 18 Pa.C.S. § 2706, Terroristic Threats
Pennsylvania’s primary law addressing threats is Title 18, Section 2706, “Terroristic threats.” Under this statute, a person commits a crime if they communicate, directly or indirectly, a threat to commit a crime of violence with intent to terrorize another person, a threat to cause the evacuation of a building or place of assembly, or a threat that otherwise causes serious public inconvenience or terror. Importantly, the statute defines “communicates” broadly to include written or electronic means, explicitly naming telephone, electronic mail, the Internet, and similar transmissions. This means a threat typed into a text message, sent through email, or posted on social media falls squarely within the law’s reach, with no requirement that the threat be delivered face-to-face or accompanied by any physical act.
What Prosecutors Must Prove
The core element of a terroristic threats charge is intent. Prosecutors must show that the person communicated the threat with the purpose of terrorizing the recipient, causing an evacuation, or creating serious public inconvenience, or that they acted with reckless disregard for the risk of causing that kind of fear or disruption. Courts have recognized that the law is not meant to punish every angry or impulsive statement made in the heat of the moment. A spur-of-the-moment threat made out of frustration during an argument is treated differently than a calculated, deliberate threat meant to genuinely instill fear.
How the Offense Is Graded
A conviction under Section 2706 is typically classified as a first-degree misdemeanor, which can carry significant fines and up to five years in jail. However, the grading escalates to a third-degree felony if the threat causes the occupants of a building, place of assembly, or public transportation facility to be diverted from their normal operations, such as a school evacuation or the shutdown of a public building. Online threats involving schools, workplaces, or public venues are especially likely to trigger this more serious felony grading.
Related Charges: Harassment and Cyber Harassment
Beyond terroristic threats, online threats can also give rise to charges under Pennsylvania’s harassment statute, 18 Pa.C.S. § 2709. This law applies when a person engages in a course of conduct, including repeated electronic communications, with the intent to harass, annoy, or alarm another person. Unlike terroristic threats, harassment charges do not require the same level of intent to terrorize, meaning a pattern of unwanted, alarming online messages can result in criminal charges even if a single message would not rise to the level of a terroristic threat on its own. Pennsylvania courts have increasingly applied this statute to cyberbullying and repeated online harassment campaigns.
Civil Liability Can Also Apply
Beyond criminal prosecution, a person who makes threatening statements online can also face civil liability. Victims of online threats may pursue a civil lawsuit seeking damages for emotional distress, defamation, or other applicable claims, separate and apart from any criminal case brought by prosecutors. This means a person responsible for online threats could face both a criminal record and a financial judgment arising from the same conduct.
Bottom Line
Pennsylvania law does not require physical contact, or even physical proximity, for a threat to carry serious legal consequences. Words sent through a screen can result in felony charges, a permanent criminal record, and civil liability. Anyone facing accusations related to online threats, or unsure whether specific online statements might cross this legal line, should consult a licensed Pennsylvania criminal defense attorney.
