The intense passion of football fans can sometimes lead to unacceptable behavior.
In the heat of the moment, fans may engage in verbal abuse, harassment, or even physical violence towards opposing fans, players, coaches, or team owners. These actions can create a hostile environment for everyone involved, tarnish the reputation of the sport, and lead to criminal charges.
In this blog, we will discuss specific charges, specifically making criminal threats (which was previously referred to as terroristic threatening).
Defining Terroristic Threatening (or Criminal Threats)
In California, criminal threats are defined under Penal Code section 422. This law outlines specific elements that must be present for a statement or action to be considered a criminal threat:
- The person willfully threatens to unlawfully kill or cause great bodily injury to another person.
- The threat is made verbally, in writing, or via electronic communication.
- The threat is specific and unequivocal.
- The threatened person reasonably fears for their safety or the safety of their immediate family.
- The threat actually caused the person to be in sustained fear for their own safety or that of their immediate family.
It's important to note that the threat doesn't have to be carried out for it to be considered a criminal offense. The act of making the threat itself is punishable by the law.
Football Fans & Criminal Threats
The passionate nature of sports fandom, particularly in football, can sometimes lead to behavior that crosses legal boundaries. Here are some scenarios where football fans might find themselves facing criminal threat charges:
- Threats to players or coaches. A fan sends a death threat to a player or coach via social media after a disappointing game performance. Yelling specific threats of violence at players or coaches during a game, especially if the threat causes fear and is overheard by the target.
- Threats to rival fans. Confrontations in stadium parking lots or bars where one fan threatens to seriously harm a rival team's supporter. Online threats are made in fan forums or social media groups that target specific individuals.
- Threats to team management. A fan who sends a threatening letter to a team owner over a controversial trade or business decision.
- Escalation of verbal altercations. What starts as heated trash talk between fans can escalate to specific threats of violence, potentially crossing into criminal territory.
- Threats related to gambling. A fan who loses a bet might make threats against players, referees, or other fans they believe influenced the game's outcome.
It's crucial for football fans to understand that the intensity of their passion for the sport does not exempt them from legal consequences. What may seem like blowing off steam in the heat of the moment can have serious legal ramifications if it meets the criteria for criminal threats under California law.
An example of a fan who went too far is Yuttana Choochongkol. He was arrested after making a terroristic threat to kill players and fans at the Jaguars-Steelers playoff game at Heinz Field. He sent the threat to the stadium's director of security and a Pittsburgh TV station, expressing his intent to commit violence during the game. The threat was taken seriously, and thanks to coordinated efforts by the FBI and local police, Choochongkol was apprehended in Texas. He was sentenced to serve 18 months in prison.
Terroristic Threatening Is a Wobbler Offense
In California's legal system, criminal threats are classified as "wobbler" offenses. This means that they can be charged as either misdemeanors or felonies, depending on the circumstances of the case and the discretion of the prosecutor:
- As a misdemeanor, a criminal threat conviction can result in up to one year in county jail and a fine of up to $1,000.
- As a felony, the penalties are more severe, potentially including 16 months to three years in state prison and a fine of up to $10,000.
The decision to charge the offense as a misdemeanor or felony often depends on factors such as the defendant's criminal history, the severity of the threat, and the impact on the victim.
Been arrested this season? Contact us online or at (949) 251-0330 to benefit from our legal counsel.