We recently discussed the bizarre trend of teenagers coughing on fruits and vegetables at stores — and efforts of the police to find the culprits shown on social media. In the prior blog, I raised the possibility of prosecutors charging such pranksters with terroristic threats. Now, in Missouri, Cody Pfister, 26, has been arrested and charged with making terrorist threats due to his taking and posting video of himself licking products in a store.

On social media, Pfister, asked “Who’s afraid of the coronavirus?” and then showed himself licking items at a Walmart in Warrenton. In a Facebook Post, the Warrenton police said that the outrage was international and they “have received numerous reports about the video from locals, nearby residents, as well as people from the Netherlands, Ireland, and the United Kingdom.”

The statute allows for charges based on recklessness that causes panic. It is a definition that allows for a criminal “reckless disregard” charge. I have no sympathy for these moronic individuals. However, this “coronavirus challenge” trend appears to be a dare rather than a threat.

This places us all in a difficult position legally. This prank or challenge is causing panic, particularly for the most vulnerable in our nation. The “coughing prank” has led a store to throw out 35,000 of produce that is badly needed in this crisis. I expect that these charges will multiply until these young people are deterred from these acts of utter stupidity:

574.115. Making a terrorist threat, first degree — penalty. — 1. A person commits the offense of making a terrorist threat in the first degree if such person, with the purpose of frightening ten or more people or causing the evacuation, quarantine or closure of any portion of a building, inhabitable structure, place of assembly or facility of transportation, knowingly: (1) Communicates an express or implied threat to cause an incident or condition involving danger to life; or (2) Communicates a false report of an incident or condition involving danger to life; or (3) Causes a false belief or fear that an incident has occurred or that a condition exists involving danger to life. 2. The offense of making a terrorist threat in the first degree is a class D felony. 3. No offense is committed under this section by a person acting in good faith with the purpose to prevent harm. 574.120. Making a terrorist threat, second degree — penalty. — 1. A person commits the offense of making a terrorist threat in the second degree if he or she recklessly disregards the risk of causing the evacuation, quarantine or closure of any portion of a building, inhabitable structure, place of assembly or facility of transportation and knowingly: (1) Communicates an express or implied threat to cause an incident or condition involving danger to life; or (2) Communicates a false report of an incident or condition involving danger to life; or (3) Causes a false belief or fear that an incident has occurred or that a condition exists involving danger to life. 2. The offense of making a terrorist threat in the second degree is a class E felony. 3. No offense is committed under this section by a person acting in good faith with the purpose to prevent harm. 574.125. Making a terrorist threat, third degree — penalty. — 1. A person commits the offense of making a terrorist threat in the third degree if he or she, with criminal negligence with regard to the risk of causing the evacuation, quarantine or closure of any portion of a building, inhabitable structure, place of assembly or facility of transportation, knowingly: (1) Communicates an express or implied threat to cause an incident or condition involving danger to life; or (2) Communicates a knowingly false report of an incident or condition involving danger to life; or (3) Causes a false belief or fear that an incident has occurred or that a condition exists involving danger to life. 2. The offense of making a terrorist threat in the third degree is a class A misdemeanor. 3. No offense is committed under this section by a person acting in good faith with the purpose to prevent harm.

Share this: Twitter

Reddit

Facebook

Email

