When someone threatens mass violence, law enforcement has to treat that threat seriously. That means spending money, time and manpower to investigate it and take appropriate measures. The threat can also be highly traumatic for any intended targets. Often, these threats involve schools and are made by students themselves.
Tennessee law has allowed anyone making such a threat, even if it’s done as a “joke,” to frighten people or without understanding of the power of words to face criminal charges. Further, school officials who didn’t report a threat by a student because they believed the threat wasn’t serious could face a misdemeanor charge.
The law has been controversial because children as young as 6 were being arrested and facing felony charges. School police officers have said that they were required to arrest any child who made a threat even if they didn’t believe they intended to harm anyone.
An in-depth investigation by two media organizations found that kids with intellectual disabilities and non-white students were disproportionately charged for threats that weren’t credible. Multiple families have also filed lawsuits after their children were arrested.
How was the law amended?
This year, the law was amended to clarify that “threats of mass violence on school property or at a school-related activity or failing to report such threats” are only to be considered credible “if the threat causes another to reasonably expect the commission of an act of mass violence.”
A state senator behind the legislation said he hoped it would prevent students, including those with disabilities, from being arrested for threats “they have no ability to carry out.” One children’s advocate said about the amendment: “It is a huge step forward in terms of signifying an intent by the legislature that noncredible threats shouldn’t be prosecuted.”
Sometimes, children and teens make threats out of frustration and anger with no intent to follow through. Unfortunately, in some instances they do – with tragic results.
The amended law gives more discretion – but also more responsibility – to school and law enforcement officials to use their best judgment about whether a student’s words or actions are a true threat. Yet, those of all ages can still face serious criminal consequences for making threats, whether they intend to follow through or not. With sound legal guidance, Tennessee residents can help to protect their and their children’s rights accordingly.