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What reasons justify the arrest of a student for threatening the school?

Several people have been arrested across Northern California in recent days in connection with threats against local schools. KCRA 3 has learned that Sacramento police arrested a 14-year-old girl on Monday night for making a shooting threat against McClatchy High School, where police say she is a student. The Lodi Police Department arrested a 15-year-old Lodi Unified School District student on Monday morning in connection with violent threats against a local school. And on Tuesday, the school district said Stockton police arrested a 15-year-old Bear Creek High School student for making a threatening video against a local elementary school. Also on Tuesday, Galt police arrested a 15-year-old boy in connection with online threats against area high schools. These few examples are just the tip of the iceberg of arrests made across the region in the past week. KCRA 3 spoke with Amar Gandhi of the Sacramento County Sheriff's Office about what kind of charges students arrested for making threats against school could face. “There are many different charges that could be brought depending on the level of the threat. It could be terroristic threats. There could be watered down versions depending on what they're posting. A lot depends on the viability and the specificity of the threats,” Gandhi said. “If there's a serious threat, we'll do everything we can to mitigate it.”But what happens if a threat is deemed not credible? “The line is blurred, so there's no clear cut, it's not quite clear A plus B equals C. There are a lot of factors at play, so it's all handled very individually. It's decided on a case-by-case basis, so the post itself is not the only determining factor,” Gandhi said. However, Gandhi said in cases where an arrest is warranted, law enforcement takes it very seriously. “You're going to go to jail, you're going to go in handcuffs and you're going to be led away in front of all your friends and classmates. We're not worried about your feelings at that moment. You're going to go to jail. Don't try to be a hero, don't try to be a joke among your friends. There are consequences,” Gandhi said. Leslie Jacobs, a professor of law at the McGeorge School of Law, said the United States Constitution does not protect students who make threats from the consequences of their actions. “Threats are not protected by the Free Speech Clause of the First Amendment,” Jacobs said. Jacobs also said the exact wording of a potential threat and the meaning of those words can make all the difference. “How we determine if a threat is a threat depends on the facts and the context of what was said. Who said it, how did they say it and how the recipient is likely to understand it,” Jacobs said. “It depends on the context and what the person meant by it and what someone would understand if they understood it.” Police officials also told KCRA 3 that while students are often arrested for threatening their own school, sometimes the threats are directed at other schools. Additionally, “bad actors” may be behind the threats – adults posing as students who just want to cause chaos.Read more coverage of California's top stories here | Download our app | Subscribe to our morning newsletter

In recent days, several people have been arrested throughout Northern California in connection with threats against local schools.

KCRA 3 learned that Sacramento police arrested a 14-year-old girl Monday night for making a shooting threat at McClatchy High School, where police said she was a student.

Lodi police arrested a 15-year-old Lodi Unified School District student Monday morning in connection with threats of violence against a local school. And on Tuesday, the school district said Stockton police arrested a 15-year-old Bear Creek High School student for making a threatening video against a local elementary school.

Also on Tuesday, Galt police arrested a 15-year-old boy in connection with online threats against high schools in the area.

These few examples are just the tip of the iceberg of arrests made across the region over the past week.

KCRA 3 spoke with Amar Gandhi of the Sacramento County Sheriff's Office about the charges students face when arrested for making threats against school.

“There are many charges that can be brought depending on the magnitude of the threat. It could be terrorist threats. There could be watered down versions depending on what they post. A lot depends on the viability and the specificity of the threats,” Gandhi said. “If there is a realistic threat, we will do everything we can to mitigate it.”

But what happens when a threat is deemed implausible?

“The line is blurred, so there is no clear separation, it is not entirely clear that A plus B equals C. There are many factors involved, so everything is done very individually. It is decided on a case-by-case basis, so the post itself is not the only deciding factor,” Gandhi said.

However, Gandhi said law enforcement authorities take cases where arrest is warranted very seriously.

“You will go to jail, you will be led away in handcuffs and you will be led away in front of all your friends and classmates. We are not worried about your feelings at this point. You will go to jail. Don't try to be a hero, don't try to be a joker among your friends. There are consequences,” Gandhi said.

Leslie Jacobs, a professor of law at the McGeorge School of Law and Justice Kennedy, said the United States Constitution does not protect students who make threats from the consequences of their actions.

“Threats are not protected by the free speech clause of the First Amendment to the U.S. Constitution,” Jacobs said.

Jacobs also said that the precise wording of a potential threat and the meaning of those words can make all the difference.

“The way we determine whether a threat is a threat depends on the facts and the context of what was said. Who said it, how did they say it and how is the recipient likely to understand it,” Jacobs said. “It depends on the context and what the person meant when they said it and what someone would understand it to mean if they heard it.”

Police officials also told KCRA 3 that while students are often arrested for threatening their own school, sometimes the threats are directed at other schools. Additionally, “bad actors” may be behind the threats – adults posing as students who just want to cause chaos.

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