Legal review: William T. Bly, Owner & Managing Attorney · Last reviewed: November 2026
Criminal threatening (17-A M.R.S. § 209) means intentionally or knowingly placing someone in fear of imminent bodily injury. It is a Class D crime. Terrorizing (17-A M.R.S. § 210) means communicating a threat of a violent crime dangerous to human life. It is Class D, or Class C if the threat causes an evacuation or lockdown.
What is criminal threatening under 17-A M.R.S. § 209?
Criminal threatening is intentionally or knowingly making another person afraid of bodily injury that is about to happen. The statute calls it a Class D crime.
The key word is “imminent.” The feared harm must be immediate, not promised for next week. A raised fist, a lunge, or a brandished object can qualify without a single word.
The State must prove each element beyond a reasonable doubt:
- You acted intentionally or knowingly.
- Another person was actually placed in fear.
- The fear was of imminent bodily injury.
Maine defines “bodily injury” as “physical pain, physical illness or any impairment of physical condition” (17-A M.R.S. § 2(5)). A Class D crime carries a jail term of less than one year and a fine of up to $2,000.
What is terrorizing under 17-A M.R.S. § 210?
Terrorizing is communicating a threat to commit a crime of violence dangerous to human life. The threat can target the listener or someone else.
The State must show you acted intentionally, knowingly or recklessly. It must also show you consciously disregarded a substantial risk that the threat would lead to one of two results:
- Reasonable fear (Class D). The threat would place the person in reasonable fear that the crime will be committed.
- Evacuation or lockdown (Class C). The threat would cause evacuation of a building, place of assembly or public transport facility. It also covers moving occupants to, or keeping them in, a designated secured area.
Two features set terrorizing apart. The threatened violence does not have to be imminent. And the statute applies “whether or not such consequence in fact occurs.” The State does not have to prove anyone actually felt afraid.
A bomb or shooting threat that empties a school or office is the classic Class C case. Class C carries up to 5 years in prison and a fine of up to $5,000.
How do terrorizing and criminal threatening compare?
Criminal threatening is about immediate fear, while terrorizing is about a communicated threat of serious violence, now or later.
| Criminal threatening | Terrorizing | |
|---|---|---|
| Statute | 17-A M.R.S. § 209 | 17-A M.R.S. § 210 |
| Core conduct | Placing a person in fear of imminent bodily injury | Communicating a threat of a violent crime dangerous to human life |
| Must harm be imminent? | Yes | No |
| Must the person actually be afraid? | Yes | No |
| Mental state | Intentionally or knowingly | Intentionally, knowingly or recklessly |
| Base class | Class D | Class D |
| Higher class | Class C with a dangerous weapon | Class C if it causes evacuation or lockdown |
| Domestic version | § 209-A | § 210-B |
The same incident can sometimes support both charges. Which one fits depends on what was said or done, and when the harm was supposed to happen.
How does a dangerous weapon raise the charge?
If the State pleads and proves a crime was committed with the use of a dangerous weapon, the class goes up one level under 17-A M.R.S. § 1604(5)(A).
That is how criminal threatening with a dangerous weapon becomes a Class C crime. Terrorizing rises from Class D to Class C. A Class C evacuation threat can rise to Class B, which carries up to 10 years and a $20,000 fine.
“Use of a dangerous weapon” is broader than guns and knives. Under § 2(9)(A), it covers any weapon, device, instrument, material or substance that, “in the manner it is used or threatened to be used,” can cause death or serious bodily injury. Everyday objects can qualify depending on how they are used.
If a firearm is used against a person, § 1604(3) can also require mandatory minimum prison terms for Class A, B and C crimes. Weapon allegations change the stakes, so raise them with your lawyer early.
What if the threat involves a family member or partner?
A threat against a family or household member or dating partner is charged as a domestic violence crime. Maine has separate statutes for each offense.
- Domestic violence criminal threatening is 17-A M.R.S. § 209-A.
- Domestic violence terrorizing is 17-A M.R.S. § 210-B.
Both start as Class D crimes. Both become Class C if you have certain prior convictions. Those include prior domestic violence crimes, violations of protection orders, and certain bail violations involving a family or household member or dating partner.
The relationship terms come from Title 19-A, § 4102. Bail conditions in these cases often bar any contact with the alleged victim.
Can a text message or social media post be terrorizing?
Yes. Section 210 covers communicating a threat “to any person” and does not limit the method.
Texts, direct messages, emails, voicemails and public posts can all be the basis of a terrorizing charge. Screenshots, phone extractions and account records often become the State’s main evidence.
Criminal threatening is harder to prove from a message alone. A text usually does not create fear of harm that is about to happen. Repeated unwanted messages can also lead to charges under Maine harassment laws.
If you are under investigation, stop messaging the person and do not post about the case. Do not delete accounts or messages without legal advice.
What defenses apply to threat charges in Maine?
Most defenses attack an element the State must prove beyond a reasonable doubt.
- No imminent harm. For criminal threatening, fear of something later is not enough.
- No actual fear. Criminal threatening requires that the person was in fact afraid.
- Not a threat of deadly violence. Terrorizing requires a threat of a crime of violence dangerous to human life. Venting, insults or crude exaggeration may fall short.
- No reasonable fear. Context matters. The State must show a substantial risk the words would cause reasonable fear.
- Mental state. The State must prove the required intent, knowledge or recklessness.
- Identity. For online threats, the State must prove you actually sent the message.
A joking or conditional statement is not an automatic defense. Courts look at how the words would reasonably be understood in context. The First Amendment protects a great deal of angry speech, but not true threats.
An experienced Maine criminal defense attorney can test each element against the exact words and facts.
Frequently asked questions
Is terrorizing a felony in Maine?
Maine sorts crimes by class rather than using the words felony and misdemeanor. Basic terrorizing is a Class D crime, punishable by less than one year in jail. Terrorizing that causes an evacuation or lockdown is Class C, punishable by up to 5 years. Crimes in Class C and above are commonly described as felony-level. A dangerous weapon can raise either version one class higher.
Can I be charged with terrorizing if the person was not scared?
Yes. The terrorizing statute applies “whether or not such consequence in fact occurs.” The State must show you consciously disregarded a substantial risk that your threat would cause reasonable fear or an evacuation. It does not have to prove the person actually felt afraid. Criminal threatening is different. It requires that the person was actually placed in fear of imminent bodily injury.
What is criminal threatening with a dangerous weapon in Maine?
It is criminal threatening under 17-A M.R.S. § 209 committed with the use of a dangerous weapon. Under § 1604(5)(A), the State can plead and prove the weapon to raise the class by one level. That turns a Class D offense into a Class C crime. Class C carries up to 5 years in prison and a fine of up to $5,000.
Can I be charged for a threat I meant as a joke?
You can. Terrorizing covers threats made intentionally, knowingly or recklessly. Saying you were joking does not end the case by itself. The question is how the words would reasonably be understood in context. Tone, history between the people, and what happened afterward all matter. A defense lawyer will look at the full exchange, not just one line.
What is the maximum penalty for criminal threatening in Maine?
Criminal threatening is a Class D crime. Under 17-A M.R.S. §§ 1604 and 1704, Class D carries a jail term of less than one year and a fine of up to $2,000. With a dangerous weapon, it becomes Class C, with up to 5 years and a $5,000 fine. Certain prior convictions can also raise the class.
If you are facing a threat charge, request a consultation with The Maine Criminal Defense Group at 207-571-8146. We meet clients by appointment in Kennebunk, Portland and Brunswick.
This article is general information, not legal advice. Every case depends on its facts.
Sources
- 17-A M.R.S. § 209, Criminal threatening — elements; Class D.
- 17-A M.R.S. § 210, Terrorizing — elements, recklessness, “whether or not such consequence in fact occurs,” Class D and Class C.
- 17-A M.R.S. § 209-A, Domestic violence criminal threatening — Class D; Class C with listed priors.
- 17-A M.R.S. § 210-B, Domestic violence terrorizing — Class D; Class C with listed priors.
- 17-A M.R.S. § 1604, Imprisonment — maximum terms; (5)(A) weapon elevation; (3) firearm minimums.
- 17-A M.R.S. § 1704, Fines for individuals — maximum fines by class.
- 17-A M.R.S. § 2, Definitions — “bodily injury,” “use of a dangerous weapon.”
Call 207-571-8146 or contact our Maine criminal defense attorneys directly online to schedule a confidential consultation.
