Case Notes
Not a lesser included offense of attempted extortion in the second degree. 70 H. 456, 776 P.2d 392.
Terroristic threatening in second degree can be an offense included in terroristic threatening in first degree; trial court’s failure to instruct jury on the lesser included offense was not plain error, where defendant contended there was a rational basis in the record for jury to decide that, although defendant made a terroristic threat, defendant did not do so with a dangerous instrument as defined in §707-700. 10 H. App. 584, 880 P.2d 213.
COMMENTARY ON §§707-716 AND 717
Act 184, Session Laws 1979, upgraded the offense of terroristic threatening from a misdemeanor to a class C felony in four aggravated situations. The Legislature felt that raising the penalty would provide an incentive for vigorous prosecution and act as a deterrent against such offenses. House Standing Committee Report No. 673. For discussion of a "common scheme" under §707-716, see Senate Standing Committee Report No. 902.
Act 131, Session Laws 1989, amended §707-716 to establish the offense of terroristic threatening of an educational worker to make our school environments safer and to better enable prosecuting attorneys to obtain convictions. Senate Standing Committee Report No. 998.