Day: February 13, 2024

NJ Supreme Court Establishes New Test for Prosecution for Terroristic Threats

NJ Supreme Court Establishes New Test for Prosecution for Terroristic Threats

In State v. Calvin Fair (A-20-22/086617) (Decided January 16, 2024), the Supreme Court of New Jersey incorporated the U.S. Supreme Court’s recent decision in Counterman v. Colorado, 600 U.S. 66, 79 (2023) to hold that a mental state of recklessness is constitutionally sufficient for a “true threats” prosecution under N.J.S.A.