In South Carolina, it is a serious criminal offense to threaten the life of a public official, teacher, principal, or public employee under SC Code 16-3-1040. This statute criminalizes verbal, written, and electronic threats made against these individuals when the threat is directly related to their professional duties. Many people charged under this law are shocked to find themselves facing felony-level consequences for statements they may not have intended to be taken seriously.
At the Law Office of James R. Snell, Jr., LLC, we represent individuals accused of making threats under this statute in Lexington, Columbia, and throughout South Carolina. If you or a loved one has been arrested under SC Code 16-3-1040, call us at (803) 359-3301 for a free consultation.
How Police Officers Fall Under This Law
A first reading of the statute may not make it obvious that police officers are considered "public officials" under this law. However, the South Carolina Supreme Court made it clear in State v. Bridgers that police officers, including South Carolina Highway Patrol officers, are protected under SC Code 16-3-1040.
In State v. Bridgers, the defendant was charged after threatening to kill a Highway Patrol officer following a traffic accident investigation. The South Carolina Court of Appeals initially ruled that Highway Patrol officers were not "public officials" under the statute. However, the South Carolina Supreme Court reversed this decision, holding that because Highway Patrol officers are appointed by the governor and perform official duties on behalf of the state, they meet the statutory definition of a public official. This ruling set the precedent that threats against law enforcement officers fall under SC Code 16-3-1040 and can lead to felony-level charges.
Common Defenses in Threatening a Public Official Cases
Many people charged under SC Code 16-3-1040 did not intend to carry out any threat or may have been misunderstood. Some common defenses we explore include:
- Lack of Intent – The prosecution must prove that the accused knowingly and willfully made a threat. If the statement was made in a moment of frustration or misunderstood, there may be grounds for dismissal.
- No True Threat – The law requires that the threat be credible and serious. If a statement was vague, exaggerated, or made as a joke, it may not meet the legal standard for a criminal charge.
- Violation of Free Speech Rights – The First Amendment protects free speech, and courts have recognized that not all threatening language is criminal.
- Lack of Evidence – In some cases, police officers or public officials may exaggerate or misinterpret statements made during an arrest or investigation.
Charged Alongside Other Offenses
We often see SC Code 16-3-1040 charges filed alongside other offenses, such as:
- DUI – A person arrested for DUI may make an offhand comment in frustration, only to find themselves charged with both DUI and threatening a public official.
- Resisting Arrest – If someone verbally protests their arrest or insults an officer, it may be misconstrued as a threat.
- Disorderly Conduct – Public intoxication or heated arguments with law enforcement can lead to additional charges, even when there was no true intent to harm anyone.
Contact a Criminal Defense Attorney Today
A conviction under SC Code 16-3-1040 carries serious consequences, including potential jail time, a permanent criminal record, and damage to your reputation. If you are facing charges for allegedly threatening a police officer, teacher, or public official, you need an experienced defense attorney on your side.
The Law Office of James R. Snell, Jr., LLC defends clients facing criminal charges in Lexington, Columbia, and throughout South Carolina. We understand the legal defenses available in these cases and will fight to protect your rights.
Call (803) 359-3301 today for a free consultation to discuss your case.