We are trying to find the offense that fits this scenario. In light of the Columbine shootings, I would think there is something that fits but I am having trouble finding it.

Teacher A gets demoted at school and is not happy with the situation. Everyone at school is aware that she is very upset with the administration. There is also animosity between Teacher A and Teacher B. So, Teacher B calls the principal and leaves the following message on the answering machine,

"Hello, my name is Bill Williams and I am the manager of the local Wal-Mart. I am just calling to confirm the employment of Teacher A at your school. I also wanted to let you know that she just bought a 30.06 here this morning. If you need to talk to me you can call 555-1212."

This caused a big panic. The school was shut down and all the kids evacuated. What can we charge Teacher B with? False alarm or report just doesn't seem to fit because he doesn't really articulate any specific future bombing, fire, offense or emergency.

By the way, the number Teacher B left was to his classroom and later his voice was identified on the tape by other teachers.

Unfortunately I can't help with your question, but it made me think of something similar that we are dealing with.

Looking for a charge!

Two male juveniles, steal another students textbook (victim does not realize it is missing). They proceed to shoot and cut the book up. They also list the names of several girls that should be sexually tortured and how they will do it. The offenders then leave the book at the school for officials to find. Of course, the victim is blamed. The victim confesses easily that he wrote the offensive material and destroyed the book. In the meantime, word gets around the school that the two creeps just did this to get the victim in trouble and so that everyone would think he is a sicko. The SO then further investigates and the two offenders own up to it. The victim then states that he had a good idea of who did this to him, but the fear of retaliation was great and he was going to take the blame.

Now after all is settled, is there anything more than "criminal mischief" that we can charge against these two bullies?

What about letting the school district do the right thing, hopefully, and fire the teacher. Certainly, by his actions he violated at least one provision of the contract with the school.

I assume that he will be terminated (at least I would hope so). I guess the answer is, "this is not a criminal offense"?

42.06

(a)"Knowingly... communicates... a report of a preset, past or future... offense or other emergency that he knows is false or baseless and that would ordinarily:

(2) place a person in fear of imminent serious bodily injury; or
(3) prevent or interrupt the occupation of a building, room,...

Section (b) makes the offense a state jail felony.

You don't have to call in a bomb threat for the crime to apply. If he knew the actions the principal would take given the false information he supplied, I think the statute fits.

Notice that in first paragraph the 'or' in the string of subjects about which the false communication is made. It doesn't have to be a bomb or fire, just something that causes the same sort of reaction as a fake bomb threat or a fake call of fire.

I say, let the Grand Jury tell you no. If they don't like it, so be it. But it does technically fit the statute.