Indian Time - A Voice from the Eastern Door

On June 14, 2017; the Saint Regis Mohawk Tribal Police Department were notified of a threat against the Saint Regis Mohawk Tribe and members of the Tribal Council. Upon investigation, Desiree R. White, age 60, of Akwesasne; was reported to have allegedly uttered threats against the Tribe and the Tribal Council. An Arrest Warrant was obtained for the arrest of Ms. White.

On June 15, 2017; Ms. White was arrested by the Saint Regis Mohawk Tribal Police and charged with Making a Terroristic Threat, a Class D Felony. She was arraigned at Bombay Town Court, with prosecution pending.

According to New York State Penal Law…

‘S 490.20 Making a terroristic threat.

1. A person is guilty of making a terroristic threat when with intent

to intimidate or coerce a civilian population, influence the policy of a

unit of government by intimidation or coercion, or affect the conduct of

a unit of government by murder, assassination or kidnapping, he or she

threatens to commit or cause to be committed a specified offense and

thereby causes a reasonable expectation or fear of the imminent

commission of such offense.

2. It shall be no defense to a prosecution pursuant to this section

that the defendant did not have the intent or capability of committing

the specified offense or that the threat was not made to a person who

was a subject thereof.

Making a terroristic threat is a class D felony.’

Terrorist Threat Penalties

Defendants convicted of making terrorist threats face a range of possible penalties. Some states categorize the crime as either a misdemeanor or a felony, or both, depending on the nature of the circumstances. In New York State, it is defined as a Class D Felony.

The penalties involved for a terrorist threat typically include one or more of the following:

Incarceration. Anyone convicted of a misdemeanor offense for making a terrorist or criminal threat faces up to one year in a county jail. For a felony conviction, a court can impose a prison sentence of a year or more. Depending on the state and the nature of the threat, a conviction for making a terrorist threat can result in a prison sentence of 40, and even 100 or more years in prison.

Fines. Fines for making a terrorist threat vary widely. Some states impose no minimum fine, while others impose minimum fines of as little as $200 or as much as $10,000. Maximum fines for making a terrorist threat can exceed $250,000.

Restitution. Courts may also order a person convicted of making a terrorist threat to pay restitution. Restitution is similar to a fine, but instead of paying it to the state, the convicted person pays restitution to the victims of the terrorist threat in order to compensate them for any damages they suffered as a result of the crime.

Probation. In misdemeanor cases, and even in some felony cases, a court can sentence a person convicted of making a terrorist threat to a probation term. The length of the term differs widely, but typically lasts 6 months or more, depending on the circumstances of the case and state sentencing rules. Courts may also order probation after the defendant has served a jail sentence, and may also require the convicted person to pay a fine or restitution.