An assault by threat and a terroristic threat against an individual are similar offenses but the elements vary somewhat. Explain the differences between conduct that constitutes an assault by threat and conduct that constitutes a terroristic threat
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The key differences are:
• Terroristic threats to persons is limited to threats of serious bodily injury, not ordinary bodily injury, which is covered by assault.
• Terroristic threats can also relate to threats to harm property; assault threats are limited to threats to harm persons.
• An assault is complete when the threat is made but terroristic threat requires additional proof of an intent to place the victim in fear, although a fearful reaction is not an element to be proven.
• While the statutes and case law are less than clear on the matter, assault assumes a presence to immediately deliver upon the threat whereas terroristic threat may involve a threat to do harm in the future or the threat may be made from a location away from the victim.
• The victim need not be aware of the threat in a terroristic threat but presumably for an assault, the victim would need awareness of the threat.
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